qII)c  Commomocaltl)  of  iltassachusctto 

BOARD  OF  GAS  AND  ELECTRIC  LIGHT  COMMISSIONERS. 

UNIVERSITY  OF  ILLINOIS  UBW* 

NEW  LEGISLATION 

OF 

ESPECIAL  INTEREST 


GAS,  ELECTRIC  AND  WATER 

COMPANIES 

AND 

MUNICIPALITIES  OWNING  LIGHTING  PLANTS. 

1915. 


BOSTON: 

WRIGHT  &  POTTER  PRINTING  CO.,  STATE  PRINTERS, 

32  DERNE  STREET. 

1915. 


Approved  by 

The  State  Board  of  Publication. 


/ 


\  w  university  or  mmois  imm 

o  1 1  » 

Pr  *  NOV  9  1915 


New  Legislation,  1915. 


_  r  Note.  —  There  have  been  omitted  in  this  pamphlet  all  acts  amending  or 
k  affecting  the  Workmen’s  Compensation  Act,  as  these  acts  are  printed  for 
.^distribution  by  the  Industrial  Accident  Board,  and  may  be  obtained  by 
application  to  that  Board,  1  Beacon  Street,  Boston. 

In  accordance  with  the  provisions  of  chapter  449  of  the  Acts  of  1914 
'  the  general  acts  are  divided  into  chapters  and  numbered  in  series  without 
A)  regard  to  the  numbering  of  the  special  acts,  and  the  special  acts  are  sim- 
\  ilarly  arranged  in  chapters  without  regard  to  the  general  acts. 


ACTS. 


General  Acts,  Chapter  15. 

An  Act  relative  to  Changes  in  Officers  of  Business  Corporations. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  two  hundred  and  eighty-two 
of  the  acts  of  the  year  nineteen  hundred  and  seven,  as  amended  by 
chapter  one  hundred  and  eighty  of  the  acts  of  the  year  nineteen 
hundred  and  eight,  is  hereby  further  amended  by  striking  out  the 
word  “  president  ”,  and  the  words  “  and  the  majority”,  in  the 
seventh  line,  and  the  words  “  of  its  directors  ”,  in  the  eighth  line,  — 
so  as  to  read  as  follows:  —  Section  1.  Whenever  any  change  is 
made  in  the  officers  of  a  domestic  corporation  subject  to  the  provi¬ 
sions  of  chapter  four  hundred  and  thirty-seven  of  the  acts  of  the 
year  nineteen  hundred  and  three  the  corporation  shall  forthwith  file 
in  the  office  of  the  commissioner  of  corporations  a  certificate  of  such 
change  signed  and  sworn  to  by  the  clerk. 

Section  2.  This  act  shall  take  effect  upon  its  passage.  [ Ap¬ 
proved  February  17,  1915. 


General  Acts,  Chapter  20. 

An  Act  relative  to  the  Manufacture,  Distribution  and  Sale  of  Gas  and 

Electricity. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  hundred  of  chapter  seven  hundred  and 
forty-two  of  the  acts  of  the  year  nineteen  hundred  and  fourteen  is 
hereby  amended  by  striking  out  the  word  “  commissioners  ”,  in  the 


4 


twenty-eighth  and  fifty-sixth  lines,  and  inserting  in  each  instance, 
in  place  thereof  the  word  :  —  board. 

Section  2.  Section  one  hundred  and  forty-eight  of  said  chapter 
is  hereby  amended  by  inserting  after  the  word  “  held  ”,  in  the  four¬ 
teenth  line,  the  following  sentence  :  —  Such  trustees  shall  also  within 
thirty  days  after  the  adoption  of  any  amendment  of  such  instrument 
or  declaration  file  a  copy  thereof  with  the  board,  the  said  commis¬ 
sioner  and  said  clerk,  —  so  as  to  read  as  follows:  —  Section  1J+S. 
Trustees  of  a  voluntary  association  under  a  written  instrument  or 
declaration  of  trust  the  beneficial  interest  under  which  is  divided 
into  transferable  certificates  of  participation  or  shares,  who  own  or 
control  a  majority  of  the  capital  stock  of  a  gas  or  electric  company, 
shall  file  a  copy  of  such  written  instrument  or  declaration  of  trust 
with  the  board,  the  commissioner  of  corporations  and  the  clerk  of 
every  city  or  town  in  which  such  association  has  a  usual  place  of 
business,  and  shall  annually,  on  or  before  the  first  day  of  April,  file 
with  the  commissioner  of  corporations  and  with  the  board  a  state¬ 
ment  showing  the  number  of  shares  of  such  company  owned  or  con¬ 
trolled  by  them  and  the  stockholders  of  record  on  the  books  of  such 
company  in  whose  names  such  shares  are  held.  Such  trustees  shall 
also  within  thirty  days  after  the  adoption  of  any  amendment  of 
such  instrument  or  declaration  file  a  copy  thereof  with  the  board, 
the  said  commissioner  and  said  clerk.  Every  such  trustee  who  fails 
to  comply  with  the  foregoing  requirements  shall  for  such  failure  be 
liable  to  a  fine  of  not  more  than  five  hundred  dollars  or  to  imprison¬ 
ment  for  the  term  of  three  months. 

Section  3.  This  act  shall  take  effect  upon  its  passage.  [ Ap¬ 
proved  February  22,  1915. 


General  Acts,  Chapter  21. 

An  Act  relative  to  the  Supervision  of  Water  Companies  by  the  Board  of 

Gas  and  Electric  Light  Commissioners. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Sections  six,  seven  and  eight  of  chapter  seven  hun¬ 
dred  and  eightv-seven  of  the  acts  of  the  year  nineteen  hundred  and 
fourteen  are  hereby  repealed. 

Section  2.  Chapter  six  hundred  and  sixty  of  the  acts  of  the  year 
nineteen  hundred  and  thirteen  is  hereby  amended  by  striking  out 
section  one  and  inserting  in  place  thereof  the  following:  —  Sec- 
,  tion  1.  In  all  proceedings  conducted  by  the  board  of  gas  and 


5 


electric  light  commissioners  in  accordance  with  the  law  relating  to 
the  petition  of  any  water  company  for  authorization  to  issue  capital 
stock  or  bonds,  and  in  all  matters  connected  with  the  determination 
by  said  board  of  any  question  relating  thereto  and  before  any  such 
authorization  is  given,  said  board  may  require  and  the  state  depart¬ 
ment  of  health  shall,  without  charge,  furnish  to  said  board  engineer¬ 
ing  services  and  advice  for  its  assistance  and  guidance  in  such 
proceedings. 

Section  3.  Sections  two  and  three  of  chapter  six  hundred  and 
sixty  of  the  acts  of  the  year  nineteen  hundred  and  thirteen  are 
hereby  repealed. 

Section  4.  This  act  shall  take  effect  upon  its  passage.  [Ap¬ 
proved  February  22,  1915. 


General  Acts,  Chapter  50. 

An  Act  relative  to  the  Abatement  of  Smoke  in  the  City  of  Boston  and 

Vicinity. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  last  paragraph  of  section  two  of  chapter  six 
hundred  and  fifty-one  of  the  acts  of  the  year  nineteen  hundred  and 
ten  is  hereby  amended  by  striking  out  the  word  “  thirty  ”,  in  the 
fifth  line,  and  inserting  in  place  thereof  the  word :  —  fifteen,  —  so 
that  said  paragraph  will  read  as  follows :  —  And  provided,  further, 
that  stacks  of  locomotives,  moving  trains  of  six  cars  or  more,  be  per¬ 
mitted  to  emit  smoke  in  any  five-minute  period  for  ten  seconds  in 
excess  of  that  already  provided  for  in  this  act,  and  that  stacks  of 
Class  VI,  in  and  about  round  houses,  may  emit  smoke  for  fifteen 
minutes  during  the  period  when  the  fire  is  being  built,  or  rebuilt 
after  cleaning.  The  number  of  minutes  or  seconds  during  which 
smoke  may  be  emitted  in  any  period  as  provided  in  this  section  shall 
be  deemed  to  mean  the  aggregate  number  of  minutes  or  seconds, 
and  such  minutes  or  seconds  need  not  be  consecutive. 

Section  2.  This  act  shall  take  effect  on  the  first  day  of  July, 
nineteen  hundred  and  fifteen.  [Approved  March  11,  1915. 


6 


General  Acts,  Chapter  72. 

An  Act  to  repeal  the  Act  providing  for  licensing  Dealers  in  Coal  and  Coke. 

Be  it  efiacted ,  etc .,  as  follows: 

Section  1.  Chapter  four  hundred  and  eighty-four  of  the  acts 
of  the  year  nineteen  hundred  and  three,  as  amended  by  chapter  four 
hundred  and  thirty-four  of  the  acts  of  the  year  nineteen  hundred 
and  six,  being  an  act  to  provide  for  licensing  dealers  in  coal  and 
coke,  is  hereby  repealed. 

Section  2.  This  act  shall  take  effect  upon  its  passage.  [. Ap¬ 
proved  March  17,  1915. 


General  Acts,  Chapter  75. 

An  Act  relative  to  the  Weekly  Payment  of  Wages. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  hundred  and  twelve  of  chapter  five  hun¬ 
dred  and  fourteen  of  the  acts  of  the  year  nineteen  hundred  and  nine, 
as  amended  by  chapter  three  hundred  and  fifty  of  the  acts  of  the 
year  nineteen  hundred  and  ten,  by  chapter  two  hundred  and  eight 
of  the  acts  of  the  year  nineteen  hundred  and  eleven,  by  chapter  seven 
hundred  and  eighty-four  of  the  acts  of  the  year  nineteen  hundred 
and  thirteen,  and  by  chapter  two  hundred  and  forty-seven  of  the 
acts  of  the  year  nineteen  hundred  and  fourteen,  is  hereby  further 
amended  by  striking  out  the  words  “  or  any  of  the  building  trades  ”, 
in  the  fifth  line,  and  inserting  in  place  thereof  the  words :  —  or  in 
the  erection,  alteration,  repair  or  removal  of  any  building  or  struc¬ 
ture,  —  so  as  to  read  as  follows :  —  Section  112.  Every  person,  firm 
or  corporation  engaged  in  carrying  on  a  factory,  workshop,  manu¬ 
facturing,  mechanical  or  mercantile  establishment,  mine,  quarry, 
railroad  or  street  railway,  or  a  telephone,  telegraph,  express  or  water 
company,  or  in  the  erection,  alteration,  repair  or  removal  of  any 
building  or  structure,  or  the  construction  or  repair  of  any  railroad, 
street  railway,  road,  bridge,  sewer,  gas,  water  or  electric  light  works, 
pipes  or  lines,  shall  pay  weekly  each  employee  engaged  in  his  or  its 
business  the  wages  earned  by  him  to  within  six  days  of  the  date  of 
said  payment,  hut  any  employee  leaving  his  or  her  employment,  shall 
he  paid  in  full  on  the  following  regular  pay  day;  and  any  employee 
discharged  from  such  employment  shall  he  paid  in  full  on  the  day 
of  his  discharge,  or  in  the  city  of  Boston  as  soon  as  the  provisions 


7 


of  law  requiring  pay  rolls,  bills  and  accounts  to  be  certified  shall 
have  been  complied  with ;  and  the  commonwealth,  its  officers,  boards 
and  commissions  shall  so  pay  every  mechanic,  workman  and  laborer 
who  is  employed  by  it  or  them,  and  every  person  employed  by  it  or 
them  in  any  penal  or  charitable  institution,  and  every  county  and 
city  shall  so  pay  every  employee  who  is  engaged  in  its  business  the 
wages  or  salary  earned  by  him,  unless  such  mechanic,  workman, 
laborer  or  employee  requests  in  writing  to  be  paid  in  a  different 
manner;  and  every  town  shall  so  pay  each  employee  in  its  business 
if  so  required  by  him;  but  an  employee  who  is  absent  from  his 
regular  place  of  labor  at  a  time  fixed  for  payment  shall  be  paid 
thereafter  on  demand.  The  provisions  of  this  section  shall  not 
apply  to  an  employee  of  a  co-operative  corporation  or  association  if 
he  is  a  stockholder  therein  unless  he  requests  such  corporation  to 
pay  him  weekly.  The  public  service  commission,  after  a  hearing, 
may  exempt  any  railroad  corporation  from  paying  weekly  any  of  its 
employees  if  it  appears  to  the  board  that  such  employees  prefer  less 
frequent  payments,  and  that  their  interests  and  the  interests  of  the 
public  will  not  suffer  thereby.  ISTo  corporation,  contractor,  person 
or  partnership  shall  by  a  special  contract  with  an  employee  or  by 
any  other  means  exempt  himself  or  itself  from  the  provisions  of 
this  and  the  following  section.  Whoever  violates  the  provisions  of 
this  section  shall  be  punished  by  a  fine  of  not  less  than  ten  nor  more 
than  fifty  dollars. 

Section  2.  This  act  shall  take  effect  upon  its  passage.  [Ap¬ 
proved  March  17,  1915. 


General  Acts,  Chapter  83. 

An  Act  relative  to  the  Borrowing  of  Money  by  Towns. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  To  provide  the  necessary  funds  to  meet  liabilities 
authorized  to  be  incurred  by  section  two  of  chapter  six  hundred  and 
ninety-two  of  the  acts  of  the  year  nineteen  hundred  and  thirteen, 
the  town  treasurer,  with  the  approval  of  a  majority  of  the  selectmen, 
may  borrow  on  notes  of  the  town  during  any  one  month  between 
January  first  and  the  next  annual  town  meeting  a  sum  not  ex¬ 
ceeding  one  twelfth  of  the  previous  tax  levy,  the  same  to  be  regarded 
as  a  part  of  the  total  amount  which  may  be  borrowed  under  the 
provisions  of  section  three  of  chapter  seven  hundred  and  nineteen 


8 


of  the  acts  of  the  year  nineteen  hundred  and  thirteen,  as  amended; 
said  notes  shall  be  subject  to  certification  by  the  director  of  the 
bureau  of  statistics  in  accordance  with  law. 

Section  2.  The  director  of  the  bureau  of  statistics  in  certifying 
notes  authorized  by  this  act  shall  furnish  a  statement  certifying  to 
the  amount  of  the  tax  levy  by  the  preceding  year  as  filed  with  the 
tax  commissioner  by  the  assessors  of  the  town. 

Section  3.  •  This  act  shall  take  effect  upon  its  passage.  [Ap¬ 
proved  March  20,  1915. 


General  Acts,  Chapter  84. 

An  Act  relative  to  the  Certification  of  Town  and  District  Notes  by  the 

Director  of  the  Bureau  of  Statistics. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  certification  of  town  and  district  notes  by  the 
director  of  the  bureau  of  statistics  under  the  provisions  of  chapter 
six  hundred  and  sixteen  of  the  acts  of  the  year  nineteen  hundred 
and  ten,  as  amended,  and  as  affected  by  chapter  four  hundred 
and  sixteen  of  the  acts  of  the  year  nineteen  hundred  and  thirteen, 
and  chapter  seven  hundred  and  twenty-seven  of  the  acts  of  the  year 
nineteen  hundred  and  thirteen,  as  amended,  shall  be  deemed  prima 
facie  evidence  of  the  liability  of  the  town  or  district  issuing  the 
same  for  the  payment  of  the  debt. 

Section  2.  This  act  shall  take  effect  upon  its  passage.  [Ap¬ 
proved  March  20,  1915. 


General  Acts,  Chapter  85. 

An  Act  to  authorize  Fire,  Water,  Light,  Watch  and  Improvement  Districts 
/  to  incur  Indebtedness. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Fire,  water,  light,  watch,  and  improvement  districts 
may,  by  a  two  thirds  vote  of  the  voters  present  and  voting  at  a 
meeting  duly  called,  authorize  the  incurring  of  debt  for  the  pur¬ 
poses  prescribed,  and  payable  within  the  periods  specified,  by  sec¬ 
tions  five  and  six  of  chapter  seven  hundred  and  nineteen  of  the 
acts  of  the  year  nineteen  hundred  and  thirteen,  as  amended,  so  far 
as  they  are  authorized  by  law  to  make  expenditures  for  the  purposes 
mentioned  in  said  sections. 


9 


Section  2.  The  proceeds  of  any  sale  of  bonds  or  notes,  except 
premiums,  shall  be  used  only  for  the  purposes  specified  in  the  au¬ 
thorization  of  the  loan :  provided,  however,  that  transfers  of  unex¬ 
pended  amounts  may  be  made  to  other  accounts,  to  be  used  for 
similar  purposes. 

Section  3.  A  district  which  has  authorized  a  debt  to  be  in¬ 
curred  within  the  limitations  as  to  amount  and  time  of  payments 
prescribed  by  this  act  may  issue  bonds  or  notes  therefor,  signed  by 
the  treasurer  and  countersigned  by  a  majority  of  the  prudential 
committee  or  commissioners,  at  such  rates  of  interest  as  may  be 
deemed  proper,  and  such  a  district  may,  except  as  is  otherwise 
provided  by  section  ten  of  chapter  seven  hundred  and  nineteen  of 
the  acts  of  the  year  nineteen  hundred  and  thirteen,  sell  such  bonds 
or  notes  at  not  less  than  par,  at  public  or  private  sale,  or  may  use 
the  same  in  payment  of  such  debts :  provided,  however,  that  if  the 
amount  of  the  annual  payment  and  the  period  of  the  loan  are  not 
specified  by  the  vote  authorizing  the  debt  to  be  incurred,  the  officers 
authorized  to  issue  bonds  or  notes  therefor  may  issue  the  same 
subject  to  the  provisions  and  limitations  of  this  act.  The  prudential 
committee  or  commissioners  shall,  not  later  than  May  first  of  each 
year,  notify  in  writing  the  board  of  assessors  of  the  amount  of  debt 
falling  due  during  the  current  financial  year,  the  sinking  fund  re¬ 
quirements,  if  any,  and  what  provision  has  been  made  for  meeting 
such  requirements;  and  the  board  shall  make  such  provision  for 
meeting  said  debt  and  sinking  fund  requirements  in  the  tax  levy 
of  that  year  as,  in  its  judgment,  may  be  necessary. 

Section  4.  No  further  sinking  funds  for  the  payment  of  debt 
shall  be  established  by  any  district,  but  districts  shall  contribute  to 
every  sinking  fund  established  prior  to  the  passage  of  this  act  until 
every  such  sinking  fund,  with  its  accumulations,  shall  be  sufficient 
to  extinguish  at  maturity  the  debt  for  which  it  was  established ; 
and  all  provisions  of  law  relating  to  the  manner  of  establishing, 
administering,  and  investing  sinking  funds  which  may  be  in  force 
at  the  time  of  the  passage  of  this  act  shall  remain  in  force  with 
respect  to  all  sinking  funds  established  prior  thereto. 

Section  5.  Districts  shall  not  issue  any  notes  payable  on  de¬ 
mand,  and  they  shall  provide  for  the  payment  of  all  debts,  except 
those  incurred  under  the  provisions  of  sections  three  and  nine  of 
chapter  seven  hundred  and  nineteen  of  the  acts  of  the  year  nineteen 
hundred  and  thirteen,  as  amended,  by  such  annual  payments  as 
will  extinguish  the  same  at  maturity,  and  in  such  manner  that  the 


10 


first  of  such  annual  payments  on  account  of  any  loan  shall  he  made 
not  later  than  one  year  after  the  date  of  the  bonds  or  notes  issued 
therefor,  and  that  the  amount  of  the  annual  payment  in  any  year 
on  account  of  any  such  debt,  so  far  as  it  may  be  issued,  shall  not 
be  less  than  the  amount  of  principal  payable  in  any  subsequent 
year;  and  such  annual  amounts,  together  with  the  interest  on  all 
debts,  shall,  without  further  vote,  be  assessed  until  the  debt  is 
extinguished. 

Section  6.  Districts  may  pay  or  provide  for  the  payment  of  any 
debt,  whether  incurred  before  or  after  the  passage  of  this  act,  at 
an  earlier  period  than  is  required  by  the  provisions  of  this  act, 
and  shall  not  refund  any  debt  except  as  provided  in  section  nine 
of  chapter  seven  hundred  and  nineteen  of  the  acts  of  the  year  nine¬ 
teen  hundred  and  thirteen,  as  amended;  and  districts  may,  for  the 
purpose  of  reducing  the  whole  debt  for  the  redemption  of  which 
sinking  funds  have  been  established  prior  to  the  passage  of  this 
act,  or  of  reducing  the  amount  to  be  raised  by  taxation  for  such 
funds,  add  to  any  such  sinking  fund  the  excess  of  an  appropriation 
over  the  amount  required  for  the  purpose  thereof,  or  add  to  such 
funds  any  sums  derived  from  taxation  or  from  other  sources  not 
required  by  law  to  be  expended  otherwise. 

Section  7.  All  provisions  of  chapter  seven  hundred  and  nine- 

m 

teen  of  the  acts  of  the  year  nineteen  hundred  and  thirteen,  as 
amended,  which  relate  to  districts  or  which  are  not  inconsistent 
with  this  act  shall  remain  in  full  force  and  effect  and  shall  be 
deemed  to  apply  to  districts. 

Section  8.  This  act  shall  take  effect  upon  its  passage.  [Ap¬ 
proved  March  20 ,  1915. 


General  Acts,  Chapter  92. 

An  Act  relative  to  the  Payment  of  Fees  by  Gas  and  Electric  Companies 
for  filing  and  recording  Certain  Certificates  in  the  Office  of  the  Sec¬ 
retary  of  the  Commonwealth. 

Be  it  enacted ,  etc.,  as  follows: 

Section  ninety-one  of  chapter  seven  hundred  and  forty-two  of  the 
acts  of  the  year  nineteen  hundred  and  fourteen  is  hereby  amended 
by  striking  out  the  word  “  organization  ”  in  the  fifth  line,  and  in¬ 
serting  in  place  thereof  the  word  :  —  incorporation,  —  and  by  add¬ 
ing  at  the  end  thereof  the  words :  —  For  filing  and  recording  the 
certificates  or  copies  of  the  vote  required  by  sections  twenty-nine. 


11 


\ 


forty-eight,  fifty-two,  fifty-three,  sixty-eight,  sixty-nine,  seventy-one 
and  seventy-two,  one  dollar  for  each  certificate  or  copy  of  the  vote. 
For  filing  and  recording  the  certificate  required  hy  section  sixty- 
five,  five  dollars,  —  so  as  to  read  as  follows: — Section  91.  The 
fees  for  filing  and  recording  the  certificates  which  are  required  by 
this  act  to  be  filed  with  the  secretary  of  the  commonwealth  shall 
be  as  follows :  — 

For  filing  and  recording  the  certificates  required  by  section  ten, 
including  the  issuing  of  the  certificate  of  incorporation  by  the  secre¬ 
tary,  one  twentieth  of  one  per  cent  of  the  amount  of  the  capital 
stock  as  fixed  by  the  agreement  of  association;  but  not  less  in  any 
case  than  five  dollars. 

For  filing  and  recording  the  certificate  required  by  section  sixty- 
eight,  one  twentieth  of  one  per  cent  of  the  amount  by  which  the 
capital  is  increased. 

For  filing  and  recording  the  certificates  or  copies  of  the  vote  re¬ 
quired  by  sections  twenty-nine,  forty-eight,  fifty-two,  fifty-three, 
sixty-eight,  sixty-nine,  seventy-one  and  seventy-two,  one  dollar  for 
each  certificate  or  copy  of  the  vote. 

For  filing  and  recording  the  certificate  required  by  section  sixty- 
five,  five  dollars.  [Approved  March  22,  1915. 


General  Acts,  Chapter  115. 

An  Act  relative  to  Municipal  Indebtedness. 

Be  it  enacted ,  etc.,  as  follows : 

Section  1.  Clause  (4)  of  section  six  of  chapter  seven  hundred 
and  nineteen  of  the  acts  of  the  year  nineteen  hundred  and  thirteen 
is  hereby  amended  hy  striking  out  the  words  “  a  city  or  town  ”,  in 
the  second  and  third  lines,  and  inserting  in  place  thereof  the  words : 
—  the  territory  within  which  such  gas  or  electric  lighting  plant  is 
authorized  to  distribute  its  product,  —  so  as  to  read  as  follows :  — 
(4)  For  establishing,  purchasing,  extending  or  enlarging  a  gas  or 
electric  lighting  plant  within  the  limits  of  the  territory  within 
which  such  gas  or  electric  lighting  plant  is  authorized  to  distribute 
its  product,  twenty  years;  but  the  indebtedness  so  incurred  shall  he 
limited  to  an  amount  not  exceeding  in  a  town  five  per  cent  and  in 
a  city  two  and  one  half  per  cent  of  the  last  preceding  assessed  valu¬ 
ation  of  such  town  or  city. 

Section  2.  This  act  shall  take  effect  upon  its  passage.  [Ap¬ 
proved  March  30,  1915. 


12 


General  Acts,  Chapter  121. 

An  Act  to  authorize  the  Exchange  of  Certain  Bonds,  Notes  and  Certificates 
of  Indebtedness  issued  by  Cities  and  Towns. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  four  of  chapter  seventy-three  of  the  Eevisecl 
Laws  is  hereby  amended  by  adding  at  the  end  thereof  the  following : 
—  Coupon  or  registered  bonds,  notes  or  certificates  of  a  city  or  town 
may  be  surrendered  to  the  city  or  town  treasurer  for  cancellation 
and  in  exchange  therefor  one  or  more  registered  bonds,  notes  or 
certificates  having  the  same  maturity  and  rate  of  interest,  may  be 
issued  to  the  same  or  to  a  new  owner  or  owners.  In  cities,  such 
new  bonds,  notes  or  certificates  shall  be  signed  by  the  treasurer  and 
countersigned  by  the  city  auditor  or  comptroller  and  the  mayor, 
or  their  successor  or  successors  in  office.  In  towns,  such  new  bonds, 
notes  or  certificates  shall  be  signed  by  the  treasurer  and  counter¬ 
signed  by  a.  majority  of  the  selectmen,  —  so  as  to  read  as  follows :  — 
Section  L  A  county,  city  or  town  or  any  corporation  organized 
under  the  laws  of  this  commonwealth  may,  at  the  request  of  the 
owner  or  holder  of  a  bond,  promissory  note  or  certificate  of  in¬ 
debtedness  issued  by  it  payable  to  bearer,  at  any  time  more  than 
one  year  before  maturity  thereof,  issue  in  exchange  therefor  a  bond, 
note  or  certificate  of  the  same  effect,  pa}^able  to  the  owner  or  holder 
by  name.  Coupon  or  registered  bonds,  notes  or  certificates  of  a 
city  or  town  may  be  surrendered  to  the  city  or  town  treasurer  for 
cancellation  and  in  exchange  therefor  one  or  more  registered  bonds, 
notes  or  certificates  having  the  same  maturity  and  rate  of  interest, 
may  be  issued  to  the  same  or  to  a  new  owner  or  owners.  In  cities, 
such  new  bonds,  notes  or  certificates  shall  be  signed  by  the  treas¬ 
urer  and  countersigned  by  the  city  auditor  or  comptroller  and  the 
mayor,  or  their  successor  or  successors  in  office.  In  towns,  such 
new  bonds,  notes  or  certificates  shall  be  signed  by  the  treasurer  and 
countersigned  by  a  majority  of  the  selectmen. 

Section  2.  All  acts  and  parts  of  acts  inconsistent  herewith  are 
hereby  repealed. 

Section  3.  This  act  shall  take  effect  upon  its  passage.  [Ap¬ 
proved  March  30,  1915. 


13 


General  Acts,  Chapter  135. 

An  Act  relative  to  the  Registration  of  Bonds. 

Be  it  enacted ,  etc.,  as  follows: 

Section  1.  Section  three  of  chapter  seven  hundred  and  sixty-one 
of  the  acts  of  the  year  nineteen  hundred  and  fourteen  is  hereby 
amended  by  striking  out  all  of  the  said  section  except  the  last  sen¬ 
tence,  —  so  as  to  read  as  follows  :  —  Section  S.  Nothing  in  this  act 
shall  be  construed  as  affecting  the  provisions  of  sections  sixteen, 
seventeen  and  eighteen  of  Part  I  of  said  chapter  four  hundred  and 
ninety,  and  acts  in  amendment  thereof,  relative  to  the  taxation  of 
mortgages  on  property  within  the  commonwealth. 

Section  2.  This  act  shall  take  effect  upon  its  passage.  [. Ap¬ 

proved  April  3,  1915. 


General  Acts,  Chapter  138. 

An  Act  relative  to  the  Preparation  of  the  Annual  Budget  in  Cities. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty  of  chapter  seven  hundred  and  nine¬ 
teen  of  the  acts  of  the  year  nineteen  hundred  and  thirteen  is  hereby 
amended  by  striking  out  the  words  “  until  such  time  as  the  tax  rate 
for  the  year  shall  be  fixed",  in  the  seventh  and  eighth  lines  and 
also  in  the  thirty-ninth  and  fortieth  lines,  —  by  inserting  after  the 
word  “  purpose  ",  in  the  eleventh,  twenty-ninth  and  fifty-first  lines, 
and  after  the  word  “  required ",  in  the  thirty-eighth  line,  the 
words :  —  but  the  budget  shall  not  be  in  such  detail  as  to  fix  a  specific 
salary  of  employees  under  the  direction  of  boards  elected  by  the 
people,  other  than  the  city  council,  —  and  by  striking  out  the  last 
sentence  of  said  section  and  inserting  in  place  thereof  the  follow¬ 
ing:  —  In  the  period  after  the  expiration  of  any  fiscal  year  and  be¬ 
fore  the  regular  appropriations  have  been  made  by  the  city  council, 
the  city  officers  who  are  authorized  to  make  expenditures  may  incur 
liabilities  in  carrying  on  the  work  of  the  several  departments  en¬ 
trusted  to  them,  and  payments  therefor  shall  be  made  from  the 
treasury  from  any  available  funds  therein,  and  the  same  shall  be 
charged  against  the  next  annual  appropriation :  provided,  that  the 
liabilities  incurred  during  said  intervals  do  not  exceed  in  any  month 
the  sums  spent  for  similar  purposes  during  any  one  month  of  the 
preceding  year;  and  provided,  further,  that  said  officers  may  expend 


14 


in  any  one  month  for  any  new  officer  or  board  created  by  law  an 
amount  not  exceeding  one  twelfth  of  the  estimated  cost  for  the  cur¬ 
rent  year,  but  all  interest  and  debt  falling  due  in  said  interval  shall 
be  paid.  Nothing  in  this  section  shall  prevent  the  mayor  from  rec¬ 
ommending,  and  the  city  council  from  making,  appropriations  prior 
to  the  adoption  of  the  annual  budget,  —  so  as  to  read  as  follows :  — 
Section  20.  Within  sixty  days  after  the  annual  organization  of  the 
city  government,  the  mayor  of  every  city,  except  Boston  and  those 
cities  having  the  commission  form  of  government,  so-called,  shall 
submit  to  the  city  council  the  annual  budget  of  the  current  expenses 
of  the  city,  and  the  mayor  may  submit  thereafter  supplementary 
budgets.  The  budget  shall  consist  of  an  itemized  and  detailed  state¬ 
ment  of  the  money  required,  and  the  city  council  shall  make  such 
appropriations  in  detail,  clearly  specifying  the  amount  to  be  ex¬ 
pended  for  each  particular  purpose,  but  the  budget  shall  not  be  in 
such  detail  as  to  fix  a  specific  salary  of  employees  under  the  direc¬ 
tion  of  boards  elected  by  the  people,  other  than  the  city  council. 
The  city  council  may  reduce  or  reject  any  item,  but,  without  the 
approval  of  the  mayor,  shall  not  increase  any  item  in  nor  the'  total 
of  a  budget,  nor  add  any  item  thereto.  It  shall  be  the  duty  of  the 
city  officials,  when  so  requested  by  the  mayor,  to  submit  to  him  forth¬ 
with  in  such  detail  as  he  may  require  estimates  for  the  next  fiscal 
year  of  the  expenditures  of  their  departments  or  offices  under  their 
charge,  which  estimate  shall  be  transmitted  to  the  city  council.  In 
case  of  the  failure  of  the  mayor  to  transmit  in  writing  to  the  city 
council  a  recommendation  for  an  appropriation  of  money  for  any 
purpose  deemed  by  the  council  to  be  necessary,  and  after  having 
been  so  requested  by  vote  of  the  city  council,  said  council,  after  the 
expiration  of  seven  days  after  such  vote,  upon  its  own  initiative, 
may  make  an  appropriation  for  such  purpose  by  a  vote  of  at  least 
two  thirds  of  its  members,  and  shall  in  all  cases  make  such  appro¬ 
priations  in  detail,  clearly  specifying  the  amount  to  be  expended  for 
each  particular  purpose,  but  the  budget  shall  not  be  in  such  detail 
as  to  fix  a  specific  salary  of  employees  under  the  direction  of  boards 
elected  by  the  people,  other  than  the  city  council;  and  in  cities 
having  the  commission  form  of  government,  so-called,  each  com¬ 
missioner  or  director  shall,  within  thirty  days  after  the  annual  or¬ 
ganization  of  the  city  government,  submit  to  the  commissioner  or 
director  of  finance  estimates  in  such  detail  as  he  may  require  of  the 
amounts  deemed  necessary  for  the  current  expenses  for  their  re¬ 
spective  departments,  and  the  commissioner  or  director  of  finance 


15 


shall  within  thirty  days  thereafter  submit  to  the  city  council  a 
budget  consisting  of  an  itemized  and  detailed  statement  of  the  money 
required,  but  the  budget  shall  not  be  in  such  detail  as  to  fix  a  specific 
salary  of  employees  under  the  direction  of  boards  elected  by  the 
people,  other  than  the  city  council,  and  may  submit  thereafter  sup¬ 
plemental  budgets,  and  the  budget  or  budgets  shall  be  passed  by  a 
majority  vote  of  the  city  council.  In  case  of  the  failure  of  the 
finance  commissioner  or  director  to  transmit  in  writing  to  the  city 
council  a  recommendation  for  an  appropriation  of  money  for  any 
purpose  deemed  by  the  council  to  be  necessary,  and  after  having  been 
requested  by  vote  of  the  city  council,  said  council,  after  the  expira¬ 
tion  of  seven  days  after  such  vote,  upon  its  own  initiative,  may  make 
an  appropriation  for  such  purpose  by  a  vote  of  at  least  two  thirds 
of  all  its  members,  and  shall  in  all  cases  make  such  appropriations 
in  detail,  clearly  specifying  the  amount  to  be  expended  for  each 
particular  purpose,  but  the  budget  shall  not  be  in  such  detail  as  to 
fix  a  specific  salary  of  employees  under  the  direction  of  boards 
elected  by  the  people,  other  than  the  city  council.  In  the  period 
after  the  expiration  of  any  fiscal  year  and  before  the  regular  appro¬ 
priations  have  been  made  by  the  city  council,  the  city  officers  who 
are  authorized  to  make  expenditures  may  incur  liabilities  in  carry¬ 
ing  on  the  work  of  the  several  departments  entrusted  to  them,  and 
payments  therefor  shall  be  made  from  the  treasury  from  any  avail¬ 
able  funds  therein,  and  the  same  shall  be  charged  against  the  next 
annual  appropriation :  provided,  that  the  liabilities  incurred  during 
said  interval  do  not  exceed  in  any  month  the  sums  spent  for  similar 
purposes  during  any  one  month  of  the  preceding  year ;  and  provided , 
further,  that  said  officers  may  expend  in  any  one  month  for  any  new 
officer  or  board  created  by  law  an  amount  not  exceeding  one  twelfth 
of  the  estimated  cost  for  the  current  year,  but  all  interest  and  debt 
falling  due  in  said  interval  shall  he  paid.  Nothing  in  this  section 
shall  prevent  the  mayor  from  recommending,  and  the  city  council 
from  making,  appropriations  prior  to  the  adoption  of  the  annual 
budget. 

Section  2.  This  act  shall  take  effect  upon  its  passage.  [ Ap¬ 
proved  April  5,  1915. 


/ 


16 


General  Acts,  Chapter  176. 

An  Act  relative  to  Signs,  Awnings  and  Other  Projections  in  Public  Ways. 

Be  it  enacted ,  etc.,  as  follows: 

Section  1.  The  municipal  officer,  board,  commission  or  other 
municipal  authority  having  charge  of  the  laying  out  of  public  ways 
in  cities  and  towns,  is  hereby  authorized  to  grant  permits  and  fix  the 
fees  therefor,  not  exceeding  one  dollar  for  any  one  permit,  for  the 
placing  and  maintaining  of  signs,  advertising  devices,  clocks,  mar¬ 
quees,  permanent  awnings  and  other  like  structures  projecting  into, 
or  placed  on  or  over  the  public  highways,  and  to  make  rules  and 
regulations  relating  thereto,  and  to  prescribe  the  penalties  for  a 
breach  of  any  such  rules  and  regulations,  not  exceeding  five  dollars 
for  each  day  during  which  any  sign,  advertising  device,  clock, 
marquee,  permanent  awning  or  other  structure  is  placed  or  main¬ 
tained  contrary  to  the  rules  and  regulations  so  made,  after  five  days* 
notice  to  remove  the  same  has  been  given  by  the  said  officer,  hoard, 
commission  or  other  authority,  or  by  a  police  officer  of  the  city  or 
town. 

Section  2.  All  signs,  advertising  devices,  clocks,  marquees,  per¬ 
manent  awnings  and  other  like  structures  for  which  permits  shall 
be  granted  after  the  passage  of  this  act,  shall  be  constructed,  and, 
when  attached  to  a  building,  shall  be  connected  therewith  in  accord¬ 
ance  with  the  requirements  of  the  inspector  of  buildings,  building 
commissioner  or  other  officer,  board  or  commission  having  like 
authority  in  the  city  or  town. 

Section  3.  This  act  shall  not  apply  to  signs  or  other  structures 
projecting  into  or  over  the  highway  a  distance  of  less  than  six  inches, 
nor  to  poles,  wires,  conduits,  and  appurtenances  of  steam  railroad, 
street  railway,  telegraph  and  telephone,  water,  gas,  electric  light, 
heat  and  power  companies. 

Section  4.  Chapters  six  hundred  and  thirty-two  and  six  hun¬ 
dred  and  eighty  of  the  acts  of  the  year  nineteen  hundred  and  thir¬ 
teen  and  all  other  acts  or  parts  of  acts  inconsistent  herewith  are 
hereby  repealed,  but  such  repeal  shall  not  affect  any  permit  already 
granted  under  the  provisions  of  such  acts. 

Section  5.  This  act  shall  take  effect  three  months  after  its 
passage.  [. Approved  April  10,  1015. 


17 


General  Acts,  Chapter  191. 

An  Act  relative  to  the  Supply  of  Gas  or  Electricity  by  Municipal  Lighting 

Plants  to  Adjoining  Cities  or  Towns. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  board  of  gas  and  electric  light  commissioners 
may,  after  notice  and  a  public  hearing,  authorize  a  city  or  town 
which  has  acquired  a  municipal  lighting  plant  to  extend  its  mains 
or  lines  into  an  adjoining  city  or  town  for  the  purpose  of  distribut¬ 
ing  and  selling  gas  or  electricity  therein,  if  such  city  or  town  or  a 
private  corporation  therein  is  not  at  the  time  supplying  such  city 
or  town  with  gas  or  electricity,  as  the  case  may  be.  Such  author¬ 
ization  shall  be  upon  such  terms  and  with  such  limitations  and 
restrictions  as  the  board  may  deem  to  be  in  the  public  interest.  A 
city  or  town  so  authorized  shall  thereafter  have  in  such  adjoining- 
city  or  town  the  same  rights  and  privileges,  and  be  subject  to  the 
same  limitations  and  obligations,  as  it  has  within  its  own  territorial 
limits.  If  the  adjoining  city  or  town  shall  vote  to  establish  a  gas 
or  electric  plant,  it  shall,  under  the  provisions  of  sections  one  hun¬ 
dred,  one  hundred  and  one,  and  one  hundred  and  two  of  chapter 
seven  hundred  and  forty-two  of  the  acts  of  the  year  nineteen  hun¬ 
dred  and  fourteen,  purchase  the  plant  and  property  within  its  limits 
owned  by  the  other  city  or  town,  which,  within  thirty  days  after 
demand  tiled  with  its  clerk,  shall  file  with  the  clerk  of  the  pur¬ 
chasing  city  or  town  the  schedule  required  by  said  section  one  hun¬ 
dred  and  one,  and  shall  sell  the  same:  and  thereupon  its  rights  to 
maintain  a  gas  or  electric  plant  or  to  sell  gas  or  electricity  within 
the  limits  of  the  purchasing  city  or  town  shall  cease  as  to  the  plant 
sold. 

Section  2.  This  act  shall  take  effect  upon  its  passage.  [. Ap¬ 
proved  April  27,  1975. 


General  Acts,  Chapter  192. 

An  Act  relative  to  Corporations  authorized  to  manufacture,  distribute 

and  sell  Gas  and  Electricity. 

Be  it  enacted,  etc.,  as  follows: 

Section  fifty-two  of  chapter  seven  hundred  and  forty-two  of  the 
acts  of  the  year  nineteen  hundred  and  fourteen  is  hereby  amended 
by  inserting  before  the  word  “  engage  ”,  in  the  fifth  line,  the  words: 


18 


—  be  empowered  thereby  to,  —  so  as  to  read  as  follows:  —  Section 
52.  A  corporation  which  is  subject  to  the  provisions  of  this  act 
may,  by  a  vote  of  all  its  stockholders  at  a  meeting  duly  called  for 
the  purpose,  alter,  add  to  or  change  the  business  for  the  transaction 
of  which  it  was  incorporated,  but  it  shall  not  be  empowered  thereby 
to  engage  in  any  business  which  is  not  authorized  by  the  provisions 
of  this  act,  and  if  a  gas  company,  it  shall  not  engage  in  the  business 
of  making  or  selling  electricit}^  unless  duly  authorized  to  engage 
therein  as  provided  in  section  fifty-three,  and  if  an  electric  company, 
it  shall  not  engage  in  the  business  of  making  or  selling  gas.  A 
certificate  setting  forth  such  alteration,  addition  or  change,  signed 
and  sworn  to  by  the  president,  treasurer  and  a  majority  of  the 
directors,  shall  be  filed  in  the  office  of  the  secretary  of  the  common- 
wealth.  [Approved  April  21,  1915. 


General  Acts,  Chapter  205. 

An  Act  relative  to  the  Change  of  Name  of  Corporations. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  sixty-three  of  the  acts  of  the  year  nine¬ 
teen  hundred  and  eight  is  hereby  amended  by  adding  a.  new  section 
thereto  to  be  numbered  two,  as  follows  :  —  Section  2.  Any  corpora¬ 
tion  organized  under  general  or  special  laws  for  any  of  the  purposes 
specified  in  section  two  of  chapter  one  hundred  and  twenty-five  of 
the  Revised  Laws,  or  acts  in  amendment  thereof  or  in  addition 
thereto,  may,  if  unable  to  comply  with  the  provisions  of  section  one 
hereof,  petition  the  commissioner  of  corporations  for  a  change  of 
name.  Such  petition  shall  contain  a  list  of  the  officers  and  stock¬ 
holders  or  members  of  the  corporation,  so  far  as  they  are  known, 
together  with  their  addresses;  shall  state  why  it  is  unable  to  comply 
with  the  provisions  of  section  one,  together  with  the  name  proposed 
to  be  adopted  by  the  corporation ;  and  shall  be  signed  and  sworn  to 
by  the  president  or  one  member  of  the  board  of  directors.  The 
commissioner  of  corporations  may  require  the  petitioners  to  furnish 
him  with  information  as  to  what  attempts,  if  any,  have  been  made 
to  secure  the  approval  of  two  thirds  of  the  stockholders  or  members, 
or  of  such  proportion  thereof  as  the  by-laws  of  the  corporation  may 
prescribe,  for  the  proposed  change  of  name.  The  commissioner  may 
also  require  any  other  information  which  in  his  judgment  may  be 
of  assistance  in  determining  the  matter  before  him.  He  may  direct 


19 


the  petitioner  or  the  officers  of  the  corporation  to  give  any  further 
notice  to  the  members  thereof  of  the  proposed  change  of  name, 
and  to  report  to  him  the  result  of  such  notice. 

If  the  commissioner  shall  be  satisfied  that  the  proposed  name  of 
the  corporation  is  approved  by  such  members  or  stockholders  thereof 
as  have  expressed  an  opinion  in  relation  thereto,  or  of  a  reasonable 
proportion  thereof,  he  shall  indorse  his  approval  thereon,  and  there¬ 
upon  it  shall  be  filed  in  the  office  of  the  secretary  of  the  common¬ 
wealth,  who  shall  direct  publication  thereof  and  grant  a  certificate 
of  name  in  the  manner  provided  in  section  one.  [. Approved  April 
26 ,  1915. 


General  Acts,  Chapter  238. 

An  Act  relative  to  the  Taxation  of  Transfers  of  Stock. 

Be  it  enacted ,  etc.,  as  follows: 

Section-  1.  Section  one  of  chapter  seven  hundred  and  seventy  of 
the  acts  of  the  year  nineteen  hundred  and  fourteen  is  hereby 
amended  by  inserting  after  the  word  “  cent  ”,  in  the  fourteenth  line, 
the  words :  —  It  shall  be  the  duty  of  the  person  making  or  effectu¬ 
ating  the  sale  or  transfer  to  procure,  affix  and  cancel  the  stamps 
and  pay  the  excise  imposed  by  this  act,  —  so  as  to  read  as  follows : 
—  Section  1.  There  is  hereby  imposed  and  there  shall  immediately 
accrue  and  be  collected  an  excise  as  herein  provided  on  all  sales  or 
agreements  to  sell  or  memoranda  of  sales  or  deliveries  or  transfers 
of  shares  or  certificates  of  stock  in  any  domestic  or  foreign  corpo¬ 
ration  made  after  the  first  day  of  December,  nineteen  hundred  and 
fourteen,  whether  made  upon  or  shown  by  the  books  of  the  corpora¬ 
tion,  or  by  any  assignment  in  blank,  or  by  any  delivery,  or  by  any 
paper  or  agreement  or  memorandum  or  other  evidence  of  transfer 
or  sale,  whether  or  not  entitling  the  holder  in  any  manner  to  the 
benefit  of  such  stock  or  to  secure  the  future  payment  of  money  or 
the  future  transfer  of  any  stock,  on  each  one  hundred  dollars  of 
face  value  or  fraction  thereof,  two  cents.  It  shall  be  the  duty  of 
the  person  making  or  effectuating  the  sale  or  transfer  to  procure, 
affix  and  cancel  the  stamps  and  pay  the  excise  imposed  by  this  act. 
It  is  not  intended  by  this  act  to  impose  an  excise  upon  an  agree¬ 
ment  evidencing  the  deposit  of  stock  certificates  as  collateral  security 
for  money  loaned  thereon,  which  stock  certificates  are  not  actually 
sold,  nor  upon  such  stock  certificates  so  deposited;  nor  upon  the 
transfer  of  stock  certificates  of  a  deceased  person  to  his  executor  or 


20 


administrator ;  nor  upon  the  transfer  of  stoek  certificates  by  a  trus¬ 
tee  to  his  successor  or  co-trustee  under  the  same  trust.  The  pay¬ 
ment  of  the  said  excise  shall  be  denoted  by  an  adhesive  stamp  or 
stamps  affixed  as  follows :  in  case  of  sale  where  the  evidence  of 
transfer  is  shown  only  by  the  books  of  the  company,  the  stamp  shall 
be  placed  upon  the  said  books;  and  where  the  change  of  ownership 
is  by  transfer  of  a  certificate  the  stamp  shall  be  placed  upon  the 
certificate ;  and  in  cases  of  an  agreement  to  sell,  or  where  the  trans¬ 
fer  is  by  delivery  of  the  certificate  assigned  in  blank,  there  shall  be 
made  and  delivered  by  the  seller  to  the  buyer  a  bill  or  memorandum 
of  sale,  to  which  the  stamp  provided  for  by  this  act  shall  be  affixed ; 
and  every  such  bill  or  memorandum  of  sale  or  agreement  to  sell 
shall  show  the  date  thereof,  the  name  of  the  seller,  the  amount  of 
the  sale,  and  the  matter  or  thing  to  which  it  refers,  and  no  further 
excise  is  hereby  imposed  upon  the  delivery  of  the  certificate  of  stock, 
or  upon  the  actual  issue  of  a  new  certificate  when  the  original  certifi¬ 
cate  of  stock  is  accompanied  by  the  duly  stamped  memorandum  of 
sale  as  herein  provided. 

Section  2.  Section  four  of  said  chapter  seven  hundred  and 
seventy  is  hereby  amended  by  adding  at  the  end  thereof  the  words : 
—  If  any  person  fraudulently  makes  use  of  an  adhesive  stamp  to 
denote  the  payment  of  the  excise  imposed  by  this  act  without  so 
effectually  cancelling  the  same,  he  shall,  upon  conviction,  pay  a 
fine  of  not  less  than  two  hundred  nor  more  than  five  hundred  dol¬ 
lars, —  so  as  to  read  as  follows:  —  Section  J+.  In  every  case  where 
.  an  adhesive  stamp  is  used  to  denote  the  payment  of  the  excise  pro¬ 
vided  for  by  this  act,  the  person  using  or  affixing  the  same  shall 
write  or  stamp  thereupon  the  initials  of  his  name  and  the  date 
upon  which  the  same  is  attached  or  used,  and  shall  cut  or  perforate 
the  stamp  in  a  substantial  manner,  so  that  the  stamp  cannot  be  used 
again.  If'  any  person  fraudulently  makes  use  of  an  adhesive  stamp 
to  denote  the  payment  of  the  excise  imposed  by  this  act  without  so 
effectually  cancelling  the  same,  he  shall,  upon  conviction,  pay  a 
fine  of  not  less  than  two  hundred  nor  more  than  five  hundred 
dollars. 

Section  3.  Said  chapter  seven  hundred  and  seventy  is  lierebv 
further  amended  by  striking  out  section  six  and  inserting  in  place 
thereof  the  following:  —  Section  6.  Any  person  liable  to  pay  the 
tax  imposed  by  this  act,  and  any  one  who  acts  in  the  matter  as 
agent  or  broker  for  such  person,  who  shall  make  any  sale,  transfer 
or  delivery  of  shares  or  certificates  of  stock  without  paying  the  tax 


21 


imposed  by  this  act,  and  any  person  who  shall  in  pursuance  of  any 
sale,  transfer  or  agreement  deliver  any  stock  or  evidence  of  sale  or 
transfer  of,  or  agreement  to  sell  any  stock  or  bill  or  memorandum 
thereof,  or  who  shall  transfer  or  cause  the  same  to  be  transferred 
upon  the  books  or  records  of  the  association  or  corporation,  and  any 
association  or  corporation  whose  stock  is  so  sold  or  transferred 
which  shall  transfer  or  cause  the  same  to  be  transferred  upon  its 
books  without  having  the  stamps  provided  for  in  this  act  affixed 
thereto,  shall,  upon  conviction  thereof,  pay  a  fine  of  not  less  than 
five  hundred  nor  more  than  one  thousand  dollars.  Any  person  who 
shall  wilfully  remove  or  alter  or  knowingly  permit  to  be  removed  or 
altered  the  cancelling  or  defacing  marks  of  any  stamp  provided  for 
b}<  this  act  with  the  intent  to  use  such  stamp,  or  who  shall  know¬ 
ingly  or  wilfully  buy,  prepare  for  use,  use,  have  in  his  possession, 
or  suffer  to  be  used,  any  washed,  restored  or  counterfeit  stamps,  and 
any  person  who  shall  intentionally  remove  or  cause  to  be  removed, 
or  knowingly  permit  to  be  removed,  any  stamp  affixed  pursuant  to 
the  requirements  of  this  act  shall  be  guilty  of  a  misdemeanor,  and 
on  conviction  thereof  shall  be  liable  to  a  fine  of  not  less  than  five 
hundred  nor  more  than  one  thousand  dollars,  or  to  imprisonment 
for  not  more  than  one  year,  or  to  both  such  fine  and  imprisonment 
at  the  discretion  of  the  court. 

Section  4.  Said  chapter  seven  hundred  and  seventy  is  hereby 
further  amended  by  striking  out  section  seven  and  inserting  in 
place  thereof  the  following:  —  Section  7.  Every  person,  firm,  asso¬ 
ciation  or  corporation  making  a  sale,  agreement  to  sell,  delivery  or 
transfer  of  shares  or  certificates  of  stock,  or  conducting  or  transact¬ 
ing  a  brokerage  business,  shall  keep  or  cause  to  be  kept  at  some  ac¬ 
cessible  place  within  the  commonwealth  a  true  book  of  accounts 
wherein  shall  be  recorded,  plainly  and  legibly,  the  date  of  making 
every  sale,  agreement  to  sell,  delivery  or  transfer  of  shares  or  certifi¬ 
cates  of  stock,  and  every  transaction  in  relation  to  any  stock;  and 
also  the  number  of  shares,  the  face  value  of  the  stock,  the  name  of 
the  stock,  the  name  of  the  seller,  the  name  of  the  purchaser,  and 
the  face  value  of  the  stamps  affixed  to  the  certificate  or  bill  or 
memorandum  as  provided  in  section  one  of  this  act.  Every  associa¬ 
tion  or  corporation  shall  keep  or  cause  to  be  kept  at  some  accessible 
place  within  the  commonwealth  a  stock  certificate  book  or  transfer 
ledger  or  register,  wherein  shall  plainly  and  legibly  be  recorded,  in 
separate  columns,  the  date  of  making  every  transfer  of  stock,  the 
name  of  the  stock  and  the  number  of  shares  thereof,  the  name  of 


♦ 


22 


the  party  surrendering  the  certificate  or  certificates,  the  name  of 
the  party  to  whom  certificates  are  issued  in  exchange  therefor,  and 
evidence  of  the  payment  of  the  tax  provided  for  by  sections  one  and 
ten  of  this  act,  which  evidence,  however,  shall  he  furnished  in  one 
of  the  following  manners,  to  wit :  — 

( a )  By  attaching  to  the  stock  certificate  surrendered  for  transfer 
the  stamps  required  for  such  transfer,  or 

(b)  If  the  stamps  are  not  attached  to  the  certificate,  but  are 
attached  to  the  bill  or  memorandum  of  sale  effecting  or  evidencing 
the  transfer  of  such  certificate,  by  attaching  to  the  certificate  the 
said  bill  or  memorandum  of  sale  with  stamps  attached. 

The  association  or  corporation  shall  retain  and  keep  all  sur¬ 
rendered  or  cancelled  shares  or  certificates  of  stock,  and  all  memo¬ 
randa  relating  to  the  sale  or  transfer  of  stock,  for  at  least  two  years 
after  the  date  of  the  delivery  thereof,  and  it  shall  also  keep  and 
retain  for  at  least  two  years  after  the  elate  of  the  last  entry  thereon 
the  stock  certificate  book  or  transfer  ledger  provided  for  by  this 
section,  and  all  such  books  of  account  and  bills  or  memoranda  of 
sale  or  transfer;  and  all  such  stock  certificate  books  or  transfer 
ledgers  and  all  such  surrendered  or  cancelled  shares  or  certificates 
of  stock  shall  at  all  times  be  subject  to  the  inspection  of  the  tax 
commissioner  or  of  any  of  his  representatives  between  the  hours  of 
ten  o’clock  in  the  forenoon  and  three  o’clock  in  the  afternoon,  ex¬ 
cept  on  Saturdays,  Sundays  and  legal  holidays.  The  tax  commis¬ 
sioner  may,  at  any  time  after  a  transfer  of  stock  which  by  the  pro¬ 
visions  of  this  act  is  subject  to  an  excise,  inquire  into  and  ascertain 
whether  the  excise  imposed  by  the  provisions  of  this  act  was  paid. 
For  this  purpose,  the  tax  commissioner  shall  have  the  right,  and  it 
shall  he  his  duty,  to  examine  the  books  and  papers  of  any  person, 
firm,  association  or  corporation :  provided,  that  no  bill  or  memoran¬ 
dum  of  sale,  as  provided  for  in  section  one  of  this  act,  and  no  book 
of  account  or  stock  certificate  book  or  surrendered  certificates  of 
stocks,  as  provided  for  in  section  seven  of  this  act,  need  he  pre¬ 
served  for  the  inspection  of  the  tax  commissioner  for  a  longer  period 
than  two  years  after  the  date  thereof.  The  tax  commissioner  may 
enforce  his  right  to  examine  the  books  and  papers  of  any  person, 
firm,  association  or  corporation  by  mandamus.  Every  person,  firm, 
association  or  corporation  refusing  to  permit  the  tax  commissioner, 
or  any  of  his  representatives,  to  inspect  such  hooks  or  papers  or 
any  memoranda  or  record  relating  to  any  such  sale,  agreement  to 
sell,  delivery  or  transfer,  or  transaction,  as  above  provided,  or  fail- 


A 


23 


ing  to  keep  the  said  book  of  account,  or  stock  certificate  book  or 
transfer  ledger,  or  failing  to  preserve  for  two  years  after  the  date 
thereof  all  bills  and  memoranda  of  sale,  or  failing  to  preserve  for 
two  years  after  the  delivery  thereof  all  surrendered  or  cancelled 
shares  or  certificates  of  stock  as  herein  required,  and  whoever  alters, 
cancels  or  obliterates  any  part  of  said  records,  or  makes  any  false 
entry  therein,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall, 
for  each  offence,  be  punished  by  a  fine  of  not  less  than  five  hundred 
nor  more  than  five  thousand  dollars,  or  by  imprisonment  for  not 
less  than  three  months  or  more  than  two  years,  or  by  both  such 
fine  and  imprisonment  at  the  discretion  of  the  court. 

Section  5.  Section  ten  of  said  chapter  seven  hundred  and 
seventy  is  hereby  amended  by  inserting  after  the  word  “  shares  ”, 
in  the  eighth  line,  the  words :  —  and  all  provisions  made  in  this 
act  for  the  regulation  and  collection  of  the  excise,  and  all  the  penal¬ 
ties  and  forfeitures  in  connection  therewith,  shall  apply  to  the 
excise  to  be  collected  under  this  section,  —  so  as  to  read  as  follows : 
—  Section  10.  The  excise  provided  for  by  this  act  shall  be  imposed 
and  shall  accrue  and  be  collected  on  all  sales  or  agreements  to  sell 
or  memoranda  of  sales  or  deliveries  or  transfers  of  the  certificates 
of  participation  or  shares  of  all  voluntary  associations  existing  under 
a  written  instrument  or  declaration  of  trust  the  beneficial  interest 
under  which  is  divided  into  transferable  certificates  of  participation 
or  shares;  and  all  provisions  made  in  this  act  for  the  regulation 
and  collection  of  the  excise,  and  all  the  penalties  and  forfeitures  in 
connection  therewith,  shall  apply  to  the  excise  to  be  collected  under 
this  section ;  but  such  excise  shall  not  be  imposed  upon  an  agreement 
evidencing  the  deposit  of  certificates  of  participation  or  shares  of 
the  nature  above  stated  as  collateral  security  for  money  loaned 
thereon  which  certificates  or  shares  are  not  actually  sold,  nor  upon 
such  certificates  or  shares  so  deposited,  nor  upon  the  transfer  of 
such  certificates  or  shares  of  a  deceased  person  to  his  executor  or 
administrator;  nor  upon  the  transfer  of  such  certificates  or  shares  by 
a  trustee  to  his  successor  or  co-trustee  under  the  same  trust. 

Section  6.  Section  twelve  of  said  chapter  seven  hundred  and 
seventy  is  hereby  amended  by  adding  at  the  end  thereof  the  fol¬ 
lowing  :  —  The  tax  commissioner  may  make  such  rules  and  regula¬ 
tions,  not  inconsistent  with  the  provisions  of  this  act,  as  he  may 
deem  necessary,  and  may  prescribe  such  further  forms,  books, 
records  and  papers  as  in  his  judgment  are  essential  for  carrying- 
out  the  provisions  of  this  act,  —  so  as  to  read  as  follows:  —  Sec- 


tion  12.  For  the  purpose  of  carrying  out  the  provisions  of  this 
act  the  tax  commissioner  may,  with  the  advice  and  consent  of  the 
governor  and  council,  appoint  and,  with  their  consent,  remove  a 
fourth  assistant  and  examiners  not  exceeding  four  in  number,  and 
may  employ  such  clerical  and  other  assistance  as  he  may  deem  neces¬ 
sary.  The  fourth  assistant  and  the  examiners  provided  for  by  this 
act  shall  be  paid  such  salaries  as  the  tax  commissioner  may  de¬ 
termine,  with  the  approval  of  the  governor  and  council,  and  they 
shall  be  allowed  their  necessary  travelling  and  other  expenses.  The 
tax  commissioner  may  make  such  rules  and  regulations,  not  in¬ 
consistent  with  the  provisions  of  this  act,  as  he  may  deem  necessary, 
and  may  prescribe  such  further  forms,  books,  records  and  papers 
as  in  his  judgment  are  essential  for  carrying  out  the  provisions  of 
this  act. 

Section  7.  This  act  shall  take  effect  upon  its  passage.  [Ap¬ 
proved  May  10,  1915. 


General  Acts,  Chapter  263. 

An  Act  relative  to  the  Taking  of  Land  by  Cities  and  Towns  for  Municipal 

Purposes. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  city,  except  the  city  of  Boston,  by  vote  of  the 
city  council  or  board  of  aldermen,  or  board  or  commission  having 
similar  powers,  together  with  the  approval  of  the  mayor,  and  anv 
town  bv  vote  of  the  town,  may  take,  for  any  municipal  purpose,  any 
land  within  the  limits  of  the  city  or  town  not  already  appropriated 
to  public  use.  Whenever  the  price  proposed  to  be  paid  for  a  lot  of 
land  for  any  municipal  purpose  is  more  than  twenty-five  per  cent 
higher  than  its  average  assessed  valuation  during  the  previous  three 
years,  the  land  shall  not  be  taken  by  purchase  but  shall  be  taken  by 
right  of  eminent  domain,  and  shall  be  paid  for  in  the  manner  pro¬ 
vided  in  the  case  of  land  taken  for  highways.  No  land  shall  be 
taken  under  the  powers  given  by  this  act  until  an  appropriation,  by 
loans  or  otherwise,  has  been  made  for  the  purpose  by  a  two  thirds 
vote  of  the  city  government  in  cities,  and  by  a  vote  of  two  thirds 
of  the  voters  present  and  voting  thereon  at  any  regular  meeting 
called  for  the  purpose  in  towns. 

Section  2.  This  act  shall  take  effect  upon  its  passage.  [Ap¬ 
proved  May  19,  1915. 


25 


General  Acts,  Chapter  264. 

An  Act  relative  to  the  Fees  to  be  paid  by  Gas  and  Electric  Companies  for 
filing  and  recording  Certain  Certificates  in  the  Office  of  the  Secretary 
of  the  Commonwealth. 

Be  it  enacted ,  etc.,  as  follows: 

Section  1.  Section  nifiety-one  of  chapter  seven  hundred  and 
forty-two  of  the  acts  of  the  year  nineteen  hundred  and  fourteen,  as 
amended  by  chapter  ninety-two  of  the  general  acts  of  the  year  nine¬ 
teen  hundred  and  fifteen,  is  hereby  further  amended  by  striking  out 
the  word  “  sixty-eight  ”,  after  the  word  “  fifty-three  ”,  in  the  fourth 
paragraph,  so  as  to  read  as  follows:  —  Section  91.  The  fees  for 
filing  and  recording  the  certificates  which  are  required  by  this  act 
to  he  filed  with  the  secretary  of  the  commonwealth  shall  be  as 
follows :  — 

For  filing  and  recording  the  certificates  required  by  section  ten, 
including  the  issuing  of  the  certificate  of  incorporation  by  the  sec¬ 
retary,  one  twentieth  of  one  per  cent  of  the  amount  of  the  capital 
stock  as  fixed  by  the  agreement  of  association ;  but  not  less  in  any 
case  than  five  dollars. 

For  filing- and  recording  the  certificate  required  by  section  sixty- 
eight,  one  twentieth  of  one  per  cent  of  the  amount  by  which  the 
capital  is  increased. 

For  filing  and  recording  the  certificates  or  copies  of  the  vote  re¬ 
quired  by  sections  twenty-nine,  forty-eight,  fifty-two,  fifty- three, 
sixty-nine,  seventy-one  and  seventy-two,  one  dollar  for  each  certifi¬ 
cate  or  copy  of  the  vote. 

For  filing  and  recording  the  certificate  required  by  section  sixty- 
five,  five  dollars. 

Section  2.  This  act  shall  take  effect  upon  its  passage.  \_Ap- 
proved  May  19,  1915. 


General  Acts,  Chapter  269. 

An  Act  relative  to  Reports  made  to  the  General  Court  by  Special  Commis¬ 
sions. 

Be  it  enacted,  etc.,  as  follows: 

Section  six  of  chapter  eighteen  of  the  Revised  Laws,  as  amended 
by  section  one  of  chapter  four  hundred  and  fifty-two  of  the  acts  of 
the  year  nineteen  hundred  and  ten  and  by  section  one  of  chapter  two 


2(5 


i 


hundred  and  twenty-two,  of  the  General  Acts  of  the  year  nineteen 
hundred  and  fifteen  is  hereby  further  amended  by  adding  at  the  end 
thereof  the  words  :  —  All  reports  of  special  commissions  recommend¬ 
ing  legislation  shall  be  accompanied  by  drafts  of  bills  embodying 
the  legislation  recommended,  —  so  as  to  read  as  follows:  —  Sec¬ 
tion  6.  State  boards  and  commissions  shall  annually,  on  or  before 
the  first  Wednesday  in  January,  deposit  with  the  secretary  of  the 
commonwealth  such  parts  of  their  annual  reports  which  are  required 
to  be  made  to  the  governor  and  council  or  to  the  general  court  as 
contain  recommendations  or  suggestions  for  legislative  action,  such 
recommendations  or  suggestions  to  be  accompanied  by  drafts  of 
bills  embodying  thei  legislation  recommended;  and  the  secretary 
shall  forthwith  transmit  them  to  the  governor  and  council  or  to  the 
general  court:  provided,  however ,  that  the  provisions  of  this  section 
shall  not  apply  to  the  annual  report  submitted  by  the  commission 
on  economy  and  efficiency.  All  reports  of  special  commissions  rec 
ommending  legislation  shall  be  accompanied  by  drafts  of  bills  em¬ 
bodying  the  legislation  recommended.  \  Approved  May  22,  1915. 


General  Acts,  Chapter  273. 

An  Act  relative  to  Investments  of  Savings  Banks  and  Institutions  for 

Savings. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Clause  Fifth  of  section  sixty-eight  of  chapter  five 
hundred  and  ninety  of  the  acts  of  the  year  nineteen  hundred  and 
eight  is  hereby  amended  by  adding  at  the  end  thereof  the  follow¬ 
ing  :  —  Bonds  which  have  been  or  shall  become  legal  investments 
under  the  provisions  of  this  clause  shall  not,  except  as  hereinafter 
provided,  be  deemed  to  be  an  illegal  investment  by  reason  of  the 
fact  that  the  corporation  issuing  such  bonds  shall  hereafter  fail  or 
shall  have  heretofore  failed  for  a  period  not  exceeding  two  suc¬ 
cessive  fiscal  years  to  earn  and  pay  dividends  in  accordance  with  the 
requirements  of  this  clause,  but  no  further  investment  in  the  bonds 
issued  by  the  corporation  shall  be  made  during  said  period.  If 
after  the  expiration  of  said  period  the  corporation  earns  and  pays 
or  has  earned  and  paid  dividends  during  the  following  fiscal  year 
in  accordance  with  the  requirements  of  this  clause,  it  shall  be  re¬ 
garded  as  having  complied  therewith  during  said  period:  provided, 
that  it  shall  not  have  so  failed  to  comply  during  any  other  period 


27 


within  the  next  preceding  five  years;  and  provided,  that  during  said 
period  of  non-compliance  its  annual  earnings  shall  have  been  at 
least  sufficient  to  provide  for  the  payment  of  the  interest  upon  its 
outstanding  indebtedness  and  all  other  fixed  charges  in  addition  to 
its  operating  expenses.  Nothing  in  this  act  shall  be  interpreted  as 
invalidating  any  investments  in  bonds  now  held  as  legal  investments 
by  savings  banks  and  trust  companies  of  this  commonwealth  under 
the  provisions  of  existing  law. 

The  public  service  commission  shall,  after  the  passage  of  this  act, 
certify  and  transmit  to  the  bank  commissioner  a  list  of  any  street 
railway  companies  whose  bonds  may  he  or  become  legal  investments 
by  virtue  of  the  provisions  hereof. 

Section  2.  Section  sixty-eight  of  said  chapter  five  hundred  and 
ninety,  as  amended  by  chapter  two  hundred  and  ninety-one  of  the 
acts  of  the  year  nineteen  hundred  and  thirteen,  is  hereby  further 
amended  by  striking  out  in  clause  Fourteenth  the  words  “  clause 
Fifth  ”,  in  the  third  and  fourth  lines  thereof. 

Section-  3.  This  act  shall  take  effect  upon  its  passage.  [Ap¬ 
proved  May  25,  1015. 


General  Acts,  Chapter  285. 

An  Act  relative  to  the  Denomination  of  Notes  submitted  for  Certification 
to  the  Director  of  the  Bureau  of  Statistics. 

«  Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  director  of  the  bureau  of  statistics  is  authorized 
to  place  upon  notes  submitted  to  him  for  certification  such  denom¬ 
inations  as  will  show  the  purpose  for  which  the  same  are  issued  and 
»  as  may  be  required  by  law  to  appear  thereon. 

Section  2.  This  act  shall  take  effect  upon  its  passage.  [Ap¬ 
proved  May  27,  1915. 


General  Acts,  Chapter  296. 

An  Act  relative  to  the  Registration  of  Persons,  Firms  and  Corporations 
designing  to  install  Wires  or  Apparatus  for  Electric  Light,  Heat  or 
Power  Purposes. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Except  as  hereinafter  provided,  no  person,  firm  or 
corporation  shall,  after  the  first  day  of  September,  nineteen  hundred 
and  fifteen,  enter  into,  engage  in,  or  work  at  the  business  of  in- 


28 


stalling  wires,  conduits,  apparatus,  fixtures  or  other  appliances  for 
carrying  or  using  electricity  for  light,  heat  or  power  purposes  in  this 
commonwealth,  either  as  a  master  or  employing  electrician  or  as  a 
journeyman  electrician,  unless  such  person,  firm,  or  corporation 
shall  have  received  a  license  or  certificate  therefor,  issued  by  the 
board  provided  for  in  section  two  of  this  act  and  in  accordance  with 
the  provisions  hereinafter  set  forth. 

The  words  “  master  or  employing  electrician  ”  as  used  in  this  act 
shall  mean  a  corporation,  firm  or  person,  having  a  regular  place  of 
business,  who,  bv  the  employment  of  journeymen,  performs  the  work 
of  installing  wires,  conduits,  apparatus,  fixtures  and  other  appliances 
for  carrying  or  using  electricity  for  light,  heat  or  power  purposes. 

The  word  “  journeyman  ”  as  used  in  this  act  shall  mean  a  person 
who  does  any  work  of  installing  wires,  conduits,  apparatus,  fixtures 
and  other  appliances  for  hire. 

Section  2.  On  and  after  the  first  day  of  July,  in  the  year  nine¬ 
teen  hundred  and  fifteen,  the  chairman  of  the  civil  service  commis¬ 
sion,  the  fire  prevention  commissioner  for  the  metropolitan  district 
and  the  commissioner  of  education  shall  constitute  the  state  exam¬ 
iners  of  electricians.  They  shall  employ  as  clerk  a  practical  electri¬ 
cian,  who  is  a  wage  earner,  and  a  citizen  of  the  commonwealth,  who 
has  had  at  least  ten  years’  experience  in  the  installation  of  wires  and 
appliances  for  carrying  electricity  for  light,  heat  or  power  purposes. 
He  shall  receive  such  salary  as  shall  be  determined  by  the  state  ex¬ 
aminers,  subject  to  the  approval  of  the  governor  and  council,  and 
shall  hold  his  office  for  a  term  of  three  years.  The  three  examiners 
shall  receive  no  compensation  for  their  services  under  the  terms  of 
this  act.  The  compensation  of  the  clerk  and  the  travelling  and 
other  necessary  expenses  of  the  state  examiners,  not  however  to  ex¬ 
ceed  five  hundred  dollars  in  the  aggregate  for  each  of  the  members 
thereof,  shall,  when  approved  by  the  governor  and  council,  he  paid 
from  the  treasury  of  the  commonwealth. 

The  state  examiners  of  electricians  may  make  necessary  rules  for 
the  proper  performance  of  their  duties. 

They  shall  hold  frequent  examinations  in  the  city  of  Boston,  and, 
twice  in  each  year,  shall  hold  examinations  in  at  least  five  other  con¬ 
venient  places  within  the  commonwealth,  and  they  may  hold  annual 
or  occasional  examinations  in  other  places.  Public  notice  shall  be 
given  of  all  examinations. 

The  state  examiners  of  electricians  shall  annually,  on  or  before 
the  first  Wednesday  in  January,  transmit  to  the  secretary  of  the 
commonwealth  a  report  to  the  general  court  of  its  doings. 


29 


In  the  conduct  of  the  examinations  they  shall  make  uniform 
requirements  for  all  cities  and  towns,  which  may  be  revised  from 
time  to  time,  as  circumstances  may  require.  Said  examinations 
shall  be  sufficiently  frequent  to  give  ample  opportunity  for  all  ap¬ 
plicants  to  be  thoroughly  and  carefully  examined,  and  may  be  super¬ 
vised  by  one  or  more  of  the  members  of  the  board,  but  no  licenses 
shall  be  granted  without  the  sanction  of  the  board.  Examinations 
may  be  given  in  writing  or  practical  work,  as  deemed  most  advisable 
by  the  board. 

The  records  of  the  meeting  of  said  board  shall  be  open  for  in¬ 
spection  at  all  times,  and  the  board  shall  have  printed  annually  a 
manual  of  its  regulations,  including  the  names  of  all  licensees. 

Section  3.  (1)  Two  forms  of  licenses  shall  be  issued:  —  The 

first,  hereinafter  referred  to  as  “  certificate  A  shall  be  known  as 
“  master  electrician’s  certificate  ”,  the  second,  hereinafter  referred 
to  as  “  certificate  B  ”,  shall  be  known  as  a  u  journeyman  electrician’s 
certificate.” 

A  “  master’s  certificate  ”  shall  be  issued  to  any  person,  firm  or 
corporation  engaged  in  or  about  to  engage  in  the  business  of  in¬ 
stalling  electrical  wires,  conduits,  apparatus,  fixtures  and  other 
electrical  appliances,  that  shall  have  qualified  under  the  provisions 
of  this  act.  A  certificate  of  registration  shall  be  issued  specifying 
the  name  of  the  person,  firm  or  corporation  so  applying,  and  the 
name  of  the  person  passing  said  examination,  by  which  he  or  it 
shall  be  authorized  to  enter  upon  or  engage  in  business  as  set  forth 
therein :  provided,  however ,  that  any  person,  firm  or  corporation 
that  has  been  engaged  in  said  business  for  at  least  five  years  next 
prior  to  the  date  of  the  application  shall  not  be  required  to  pass 
said  examination,  but  shall  present  proof  of  fitness. 

The  holding  of  “  certificate  A  ”  shall  not  entitle  the  holder  in¬ 
dividually  to  engage  in  or  perform  the  actual  work  of  installing 
electric  wires,  conduits  and  appliances  as  previously  described  in 
this  act,  but  shall  entitle  him  to  conduct  business  as  an  employing 
or  master  electrician. 

(2)  “  Certificate  B,”  or  a  journeyman  electrician’s  license,  shall 
be  granted  to  any  person  who  has  passed  an  examination  before  the 
examining  board  provided  for  in  this  act,  or  who  shall  present 
proof  of  fitness  and  that  he  has  gained  his  livelihood  by  the  occu¬ 
pation  of  electrician  for  five  consecutive  years  next  prior  to  the  date 
of  application.  A  certificate  shall  be  issued  specifying  the  name  of 
the  person  so  engaged,  by  which  certificate  such  person  shall  be 


30 


authorized  to  enter  upon  or  engage  in  the  occupation  of  journeyman 
electrician.  Every  person  desiring  an  examination  shall  make  ap¬ 
plication  therefor  in  writing  accompanied  by  the  proper  fee.  The 
fee  for  an  examination  for  certificate  “  A  shall  be  twenty-five 
dollars  and  that  for  certificate  “  B  ”  shall  be  one  dollar.  An  appli¬ 
cant  who  fails  in  his  examination  shall  not  have  his  fee  returned 
to  him  but  shall  be  entitled  to  one  re-examination  free  of  charge. 
For  each  subsequent  re-examination,  he  shall  pay  fifteen  dollars  in 
the  case  of ' certificate  “A”  and  fifty  cents  in  the  case  of  certifi¬ 
cate  “  B  ” 

(3)  All  certificates  “  A  ”  described  in  paragraph  (1)  of  this 
section  shall  expire  on  the  thirty- first  day  of  July  in  each  year,  but 
may  be  renewed  by  the  same  person,  firm  or  corporation,  as  repre¬ 
sented  by  one  or  more  of  its  members  or  officers,  without  further 
examination,  upon  the  payment  of  a  fee  of  fifteen  dollars,  applica¬ 
tion  therefor  being  made  during  the  month  next  prior  to  said  ex¬ 
piration  of  said  certificate. 

(4)  All  certificates  “  B  ”  described  in  paragraph  (2)  of  this  sec¬ 
tion  shall  expire  on  the  thirty-first  day  of  July  in  each  year,  but 
may  be  renewed  upon  the  payment  of  a  fee  of  fifty  cents,  and  upon 
the  same  conditions  set  forth  in  paragraph  (3)  of  this  section. 

(5)  All  holders  of  certificates  “  A  ”  shall  keep  their  certificate  of 
registration  displayed  in  a  conspicuous  place  in  their  principal 
offices  or  places  of  business,  and  all  holders  of  certificates  “  B  ” 
shall  be  furnished  by  said  board  with  evidence  of  their  having  been 
so  licensed,  in  card  form  or  otherwise,  which  shall  be  carried  on 
the  person  of  the  licensee  and  exhibited  on  request. 

Section  4.  No  certificates  issued  under  the  provisions  of  this 
act,  to  either  master  or  journeyman,  shall  be  assignable  or  transfer¬ 
able.  Said  certificates  may  be  suspended  or  revoked  by  the  board 
of  examiners  upon  failure  or  refusal  of  the  licensee  to  comply  with 
the  rules  and  requirements  of  said  business  as  set  forth  by  the  board 
of  gas  and  electric  light  commissioners,  and  for  other  and  sufficient 
causes  after  a  hearing  has  been  held.  Such  suspension  or  revoca¬ 
tion  by  said  board  shall  be  subject  to  review  by  the  board  of  gas 
and  electric  light  commissioners. 

Section  5.  Any  person,  firm  or  corporation,  or  employee  thereof, 
and  any  representative,  or  any  member  or  officer  of  such  firm  or 
corporation  individually  entering  upon  or  engaging  in  the  business 
and  work  hereinbefore  defined,  without  having  complied  with  the 
provisions  of  this  act,  shall  he  punished  by  a  fine  of  not  less  than 


31 


ten  dollars  nor  more  than  one  hundred  dollars  for  the  first  offence, 
and  for  a  second  offence  by  a  fine  of  not  less  than  fifty  nor  more 
than  five  hundred  dollars,  or  by  six  months’  imprisonment  in  the 
house  of  correction,  or  by  both  such  fine  and  imprisonment. 

Section  6.  No  person,  firm  or  corporation  holding  a  master’s 
certificate  shall  be  held  liable  for  work  done  by  any  of  his  or  its 
employees  without  authorization,  unless  it  shall  appear  that  such 
work  was  done  with  his  or  its  knowledge  or  consent  or  by  his  or 
its  authorization. 

All  fees  and  fines  collected  under  the  provisions  of  this  act  shall 
be  paid  into  the  treasury  of  the  commonwealth  as  hereinbefore 
provided. 

Section  7.  This  act  shall  not  apply  to  the  installation,  repair¬ 
ing  and  wiring  of  elevators  or  to  work  in  connection  with  the  erec¬ 
tion,  construction,  maintenance  or  repair  of  lines  for  the  transmis¬ 
sion  of  electricity  from  the  source  of  supply  to  the  service  switch 
on  the  premises  where  it  is  used  by  municipal  electric  plants,  by 
electric  companies  as  defined  in  section  one  of  chapter  seven  hun¬ 
dred  and  forty-two  of  the  acts  of  the  year  nineteen  hundred  and 
fourteen,  or  by  gas  companies  authorized  to  engage  in  the  business 
of  making  or  selling  electricity  by  electric  street  railway  companies 
or  by  electric  railroad  companies  or  by  railroad  companies;  nor  to 
the  work  of  such  plants  or  companies  on  premises  owned  or  con¬ 
trolled  by  them;  nor  to  the  work  of  said  municipal  electric  plants 
or  of  said  electric  or  gas  companies  in  installing,  maintaining  and 
repairing,  on  the  premises  of  customers,  service  connections  and 
meters  and  other  apparatus  and  appliances  which  remain  the  prop¬ 
erty  of  such  plants  or  companies  after  installation;  nor  to  work  in 
connection  with  the  lighting  of  streets,  alleys,  private  ways  or 
private  or  public  parks,  areas  or  squares;  nor  to  the  work  of  com¬ 
panies,  incorporated  for  the  transmission  of  intelligence  by  elec¬ 
tricity  in  installing,  maintaining  or  repairing  wires,  apparatus, 
fixtures  or  other  appliances  used  in  the  business  of  such  companies 
•  and  necessary  for  or  incident  to  such  business,  and  whether  such 
wires,  conduits,  apparatus,  fixtures  or  other  appliances  are  on  its 
own  premises  or  otherwise. 

Section  8.  Nothing  in  this  act  shall  be  construed  as  forbidding 
the  employment  of  learners  or  apprentices  working  with  and  under 
the  direct  personal  supervision  of  journeymen  electricians  duly  certi¬ 
fied  as  provided  in  this  act. 

Electricians  employed  by  theatrical  companies  may  install  such 
temporary  wiring  and  appliances  as  may  be  required  for  the  purpose 


of  the  engagement  of  any  such  company,  subject  to  the  supervision 
of  some  person  licensed  under  the  provisions  of  this  act. 

Electricians  regularly  employed  by  firms  or  corporations  other 
than  holders  of  class  “  A  ”  certificates  may  install  such  electrical 
wiring,  conduits  and  appliances  or  make  such  repairs  as  may  be  re¬ 
quired  only  on  the  premises  and  property  of  said  firms  or  corpora¬ 
tions  :  provided,  that  said  electricians  hold  a  journeyman’s  license 
and  have  complied  with  all  provisions  set  forth  in  this  act. 

Section  9.  Any  person  applying  for  a  journeyman’s  license  who 
makes  any  misstatement  as  to  his  experience,  or  other  qualifica¬ 
tions,  or  any  person,  firm  or  corporation  subscribing  to  or  vouching 
for  any  such  misstatement,  shall  be  liable  to  the  penalties  set  forth 
in  section  four  of  this  act. 

Section  10.  All  acts  and  parts  of  acts  inconsistent  herewith  are 
hereby  repealed. 

Section  11.  This  act  shall  take  effect  upon  its  passage,  except 
that  its  provisions  imposing  penalties  shall  not  become  operative 
until  the  board  shall  have  been  organized  and  at  least  sixty  days 
shall  have  been  allowed  to  enable  applicants  to  secure  licenses  or 
certificates.  \ Approved  May  28,  1915. 


Special  Acts,  Chapter  30. 

An  Act  to  authorize  the  New  Bedford  Gas  and  Edison  Light  Company  to 
maintain  Gas  Pipes  and  Cables  under  the  Acushnet  River  between 
the  City  of  New  Bedford  and  the  Town  of  Fairhaven. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  New  Bedford  Gas  and  Edison  Light  Company 
is  hereby  authorized  to  maintain  such  gas  pipes  and  cables  for  the 
transmission  of  electricitv  under  the  tide  waters  of  the  Acushnet 
river  between  the  citv  of  New  Bedford  and  the  town  of  Fairlmven  as 

kJ 

have  heretofore  been  laid  by  said  company  under  licenses  heretofore 
granted  by  the  board  of  harbor  and  land  commissioners,  subject,  as 
to  future  maintenance,  to  the  provisions  of  chapter  ninety-six  of 
the  Revised  Laws  and  acts  in  amendment  thereof  and  in  addition 
thereto. 

Section  2.  The  New  Bedford  Gas  and  Edison  Light  Company 
is  hereby  authorized  to  lay  and  maintain  gas  pipes  and  cables  for 
the  transmission  of  electricity,  in  addition  to  those  heretofore  laid, 
under  the  tide  waters  of  the  Acushnet  river  between  the  city  of  New 
Bedford  and  the  town  of  Fairhaven  subject  to  the  provisions  of 


33 


chapter  ninety-six  of  the  Revised  Laws  and  acts  in  amendment 
thereof  and  in  addition  thereto. 

Section  3.  This  act  shall  take  effect  upon  its  passage.  [Ap¬ 
proved  February  8,  1915. 


Special  Acts,  Chapter  140. 

An  Act  to  authorize  the  Town  of  Ipswich  to  erect  and  maintain  Poles  and 

Wires  in  the  Town  of  Hamilton. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Ipswich  may  erect  and  maintain  in  the 
town  of  Hamilton  poles  and  wires  for  the  distribution  and  sale  of 
electricity  to  the  inhabitants  of  Ipswich;  but  the  town  of  Ipswich 
shall  not  erect  and  maintain  poles  and  wires  for  the  distribution 
and  sale  of  electricity  upon,  along,  under  or  across  public  ways  in 
the  town  of  Hamilton  without  first  obtaining  from  the  selectmen 
of  the  town  of  Hamilton  locations  therefor  in  the  manner  required 
by  law  of  companies  incorporated  for  the  transmission  of  electricity 
for  lighting,  heating  or  power. 

Section  2.  This  act  shall  take  effect  upon  its  passage.  [Ap¬ 
proved  March  9,  1915. 


Special  Acts,  Chapter  165. 

An  Act  to  confirm  the  Locations  granted  by  the  Town  of  North  Attlebor¬ 
ough  for  Lines  or  Wires  for  the  Transmission  of  Electricity. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  All  lines  or  wires  for  the  transmission  of  electricity 
for  lighting,  heat  or  power  heretofore  acquired  or  constructed  by 
the  town  of  North  Attleborough  upon,  along,  over  and  under  the 
public  ways  and  places  of  said  town,  and  the  poles,  piers,  abutments, 
conduits  and  other  fixtures  necessary  to  sustain  or  protect  the  wires 
of  said  lines  and  now  in  actual  use,  are  herebv  made  lawful  not- 
withstanding  the  lack  of  any  valid  locations  therefor  or  any  in¬ 
formality  in  the  proceedings  relative  to  their  location  and  erection. 

Section  2.  This  act  shall  take  effect  upon  its  passage.  [Ap¬ 
proved  March  11,  1915. 


34 


Special  Acts,  Chapter  185. 

An  Act  to  authorize  the  Town  of  Reading  to  borrow  Money  to  extend  its 
Lighting  Plant  in  Certain  Territory  without  the  Limits  of  the  Town. 

Be  it  enacted ,  etc.,  as  follows: 

Section  1.  The  town  of  Reading  may  incur  debt  within  the 
limit  of  indebtedness  prescribed  in  chapter  seven  hundred  and 
nineteen  of  the  acts  of  the  year  nineteen  hundred  and  thirteen,  for 
the  purposes  of  extending  or  enlarging  its  electric  lighting  plant 
within  the  limits  of  the  territory  within  which  the  town  of  Reading 
was  authorized  to  distribute  electricity  for  light,  heat  and  power 
by  the  provisions  of  chapter  three  hundred  and  sixty-nine  of  the 
acts  of  the  year  nineteen  hundred  and  eight;  said  territory  com¬ 
prising  the  towns  of  North  Reading,  Wilmington  and  that  part  of 
the  town  of  Lynnfield  known  as  Lynnheld  Centre.  The  indebted¬ 
ness  incurred  hereunder  shall  be  payable  within  twenty  years  after 
the  same  is  incurred. 

Section  2.  The  authority  granted  by  this  act  shall  be  exercised 
strictly  in  accordance  with  the  provisions  of  chapter  seven  hundred 
and  nineteen  of  the  acts  of  the  year  nineteen  hundred  and  thirteen 
and  of  the  amendments  thereof  and  additions  thereto,  except  as 
such  provisions  may  be  inconsistent  with  the  provisions  of  section 
one  of  this  act. 

Section  3.  This  act  shall  take  effect  upon  its  passage.  [ Ap¬ 
proved  March  20,  1915. 


Special  Acts,  Chapter  216. 

An  Act  to  place  the  Manager  of  the  Gas  and  Electric  Department  of  the 
City  of  Holyoke  under  the  Civil  Service  Laws. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  manager  of  the  gas  and  electric  department  in 
the  city  of  Holyoke  shall  hereafter  be  placed  under  the  civil  service 
laws  and  regulations,  and  his  term  of  office  shall  be  permanent,  ex¬ 
cept  that  he  may  be  removed  in  accordance  with  the  civil  service 
laws  and  the  regulations  made  thereunder;  but  the  person  now  hold¬ 
ing  said  office  may  continue  therein  without  passing  the  civil  service 
examination. 

Section  2.  This  act  shall  be  submitted  to  the  voters  of  the  city 
of  Holyoke  at  the  annual  state  election  in  the  current  year,  and 
shall  take  effect  upon  its  acceptance  by  a  majority  of  the  voters 
voting  thereon ;  otherwise  it  shall  not  take  effect.  [Approved  March 
25,  1915. 


•> 


35 


Special  Acts,  Chapter  229. 

An  Act  to  confirm  the  Action  of  the  Selectmen  of  South  Hadley  in  an¬ 
nulling  Certain  Permits  and  Franchises  granted  to  the  Chicopee  Gas 
Light  Company  and  granting  Others  to  the  Springfield  Gas  Light 
Company. 

Be  it  enacted ,  etc.,  as  follows: 

Section  1.  The  action  of  the  selectmen  of  the  town  of  South 
Hadley  in  passing  an  order  under  date  of  July  fourteenth,  in  the 
year  nineteen  hundred  and  fourteen,  which  annulled  and  super¬ 
seded  an  order  of  the  selectmen  of  said  town  passed  under  date  of 
January  second,  in  the  year  nineteen  hundred  and  six,  granting  to 
the  Chicopee  Gas  Light  Company,  its  successors  and  assigns,  the 
right  and  privilege  to  dig  up  and  open  the  ground  and  lay  and 
maintain  pipes  and  suitable  appliances  for  the  distribution  of  gas 
in  certain  streets  in  that  part  of  the  town  of  South  Hadley  called 
South  Hadley  Falls,  and  also  annulled  and  superseded  the  agree¬ 
ment  and  bond  mentioned  in  said  order  of  January  second,  which 
agreement  and  bond  are  dated  March  fifteenth,  nineteen  hundred 
and  six,  and  in  addition  the  consent  of  said  selectmen  was  granted 
to  the  Springfield  Gas  Light  Company,  the  successor  of  the  said 
Chicopee  Gas  Light  Company,  and  its  successors  and  assigns,  to  dig 
up  and  open  the  ground  and  lay  and  maintain  pipes  and  suitable 
appliances  for  the  distribution  of  gas  in  the  several  streets,  lanes 
and  highways  in  the  town  of  South  Hadley  therein  named,  is  hereby 
ratified,  approved  and  confirmed. 

Section  2.  This  act  shall  take  effect  upon  its  passage.  [ Ap¬ 
proved  March  27,  1915. 


Special  Acts,  Chapter  236. 

An  Act  making  Appropriations  for  the  Salaries  and  Expenses  of  the  Board 
of  Gas  and  Electric  Light  Commissioners. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appropriated, 
to  be  paid  out  of  the  Gas  and  Electric  Light  Commissioners’  Fund, 
except  as  otherwise  provided  herein,  for  the  salaries  and  expenses 
of  the  gas  and  electric  light  commissioners,  for  the  fiscal  year  end¬ 
ing  on  the  thirtieth  day  of  November,  nineteen  hundred  and  fifteen, 
to  wit :  — 

For  the  salaries  of  the  commissioners,  fourteen  thousand  dollars 


36 


For  clerical  assistance,  a  sum  not  exceeding  seventy-five  hundred 
dollars. 

For  the  salary  of  the  present  gas  inspector,  twenty-eight  hundred 
dollars. 

For  the  salary  of  the  present  first  assistant  inspector,  eighteen 
hundred  dollars. 

« 

For  the  salary  of  a  second  assistant  inspector,  eighteen  hundred 
dollars. 

For  statistics,  books,  stationery,  and  for  other  necessary  expenses, 
a  sum  not  exceeding  forty-two  hundred  dollars. 

For  compensation  of  deputies,  travelling  expenses,  apparatus, 
office  rent  and  other  incidental  expenses,  a  sum  not  exceeding  ninety- 
five  hundred  dollars. 

For  rent  of  offices,  a  sum  not  exceeding  forty-six  hundred  and 
seventy-seven  dollars. 

For  printing  and  binding  the  annual  report,  a  sum  not  exceeding 
twentv-nine  hundred  dollars. 

For  the  inspection  of  electric  meters,  a  sum  not  exceeding  one 
thousand  dollars. 

For  salaries  and  expenses  of  expert  assistants,  as  authorized  by 
chapter  six  hundred  and  thirty-one  of  the  acts  of  the  year  nineteen 
hundred  and  fourteen,  a  sum  not  exceeding  sixty-five  hundred  dol¬ 
lars. 

For  expenses  in  connection  with  the  abatement  of  the  smoke 
nuisance,  a  sum  not  exceeding  eight  thousand  dollars,  the  same  to 
be  assessed  upon  the  cities  and  towns  of  the  district  named  in  sec¬ 
tion  one  of  chapter  six  hundred  and  fifty-one  of  the  acts  of  the 
year  nineteen  hundred  and  ten. 

Section  2.  This  act  shall  take  effect  upon  its  passage.  \ Ap¬ 
proved  March  29,  1915. 


Special  Acts,  Chapter  243. 

An  Act  to  incorporate  the  Salisbury  Water  Supply  Company. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Charles  FT.  Taylor,  Henry  C.  Mulligan  and  Ernest 
IF  Seagrave,  their  associates  and  successors,  are  hereby  made  a  cor¬ 
poration  by  the  name  of  The  Salisbury  Water  Supply  Company,  for 
the  purpose  of  supplying  the  inhabitants  of  the  town  of  Salisbury 
or  any  part  thereof  with  water  for  the  extinguishment  of  fires  and 
for  domestic,  manufacturing  and  other  purposes,  and  for  the  pur- 


37 


pose  of  laying  out,  constructing,  maintaining  and  operating  a  system 
or  systems  of  main  drains  and  common  sewers,  in  that  portion  of 
said  town  of  Salisbury  lying  east  of  the  canal,  with  such  connections 
and  other  works,  as  may  be  required  for  a  system  of  sewage  disposal. 
Said  corporation  shall  have  all  the  powers  and  privileges  and  shall 
be  subject  to  all  the  duties,  restrictions  and  liabilities  set  forth  in 
all  general  laws  now  or  hereafter  in  force  applicable  to  such  cor¬ 
porations. 

Section  2.  Said  corporation,  for  the  purposes  aforesaid,  may 
lease,  take  or  acquire  by  purchase  or  otherwise,  and  hold  the  waters 
of  any  ponds,  brooks  or  springs  within  the  limits  of  said  town,  and 
may  obtain  and  take  water  by  means  of  driven,  bored,  artesian  or 
other  wells  on  any  land  within  the  limits  of  said  town,  and-  convey 
the  same  through  the  town;  and  may  also  take  or  acquire  by  lease, 
purchase  or  otherwise,  all  lands,  rights  of  way  and  easements  neces¬ 
sary  for  holding  and  preserving  such  water  and  conveying  the  same 
to  any  part  of  said  town,  and  for  constructing  main  drains  and 
sewers,  necessary  for  the  disposal  of  sewage;  and  may  erect  on  the 
land  so  acquired  proper  dams,  fixtures  or  other  structures :  provided, 
that  no  source  of  water  supply  shall  he  taken  under  this  act  for 
domestic  purposes,  and  no  system  of  sewage  disposal  shall  be  con¬ 
structed,  without  the  advice  and  approval  of  the  state  department 
of  health.  The  sewers  of  said  company  shall  be  deemed  to  be  public 
sewers.  Said  company  may  make  excavations,  procure  and  operate 
machinery,  and  provide  such  other  means  and  appliances  as  may  be 
necessary  for  the  establishment  and  maintenance  of  complete  and 
effective  water  works  and  a  system  of  sewage  disposal ;  may  con¬ 
struct,  lay  and  maintain  aqueducts,  conduits,  pipes,  main  drains, 
sub-drains,  sewers  and  other  works,  under  or  over  any  land,  water 
courses,  canals,  dams,  railroads,  railways  and  public  or  other  ways, 
and  along  any  highway  or  other  way  in  the  town  of  Salisbury  in 
such  manner  as  not  unnecessarily  to  obstruct  the  same ;  and  for  the 
purpose  of  constructing,  laying,  maintaining  and  repairing  such 
aqueducts, '  conduits,  pipes,  main  drains,  sub-drains,  sewers  and 
other  works,  and  for  all  other  purposes  of  this  act,  said  corporation 
may  dig  up,  raise  and  embank  any  such  lands,  highways  or  other 
ways  in  such  manner  as  to  cause  the  least  hindrance  to  public  travel. 
Said  corporation  shall  not  enter  upon,  construct  or  lay  any  conduits, 
pipes,  sewers,  drains  or  other  works  within  the  location  of  any  rail¬ 
road  corporation,  except  at  such  time  and  in  such  manner  as  it  may 
agree  upon  with  such  corporation,  or,  in  case  of  failure  so  to  agree, 
as  may  be  approved  by  the  public  service  commission. 


38 


Section  3.  Said  corporation  shall,  within  sixty  days  after  vot¬ 
ing  to  take  any  lands,  rights  of  way,  water  rights,  water  sources  or 
easements  as  aforesaid,  file  and  cause  to  be  recorded  in  the  registry 
of  deeds  for  the  county  of  Essex  a  description  thereof  sufficiently 
accurate  for  identification,  with  a  statement  of  the  purpose  for  which 
the  same  were  taken,  signed  by  the  president  of  the  corporation. 
The  recording  shall  operate  as  a  taking  of  the  real  estate  and  rights 
and  easements  therein  described. 

Section  4.  Said  corporation  shall  pay  all  damages  to  property 
sustained  by  any  person,  firm  or  corporation  by  the  taking  of  any 
land,  right  of  way,  water,  water  source,  water  right  or  easement,  or 
by  any  other  thing  done  by  said  corporation  under  the  authority  of 
this  act.  Any  person,  firm  or  corporation  sustaining  damages  as 
aforesaid,  and  failing  to  agree  with  said  corporation  as  to  the 
amount  thereof,  may  have  the  same  assessed  and  determined  in  the 
manner  provided  by  law  in  the  case  of  land  taken  for  the  laying  out 
of  highways,  on  application  at  any  time  within  two  years  after  the 
taking  of  such  land  or  other  property,  or  the  doing  of  any  other 
injury  under  authority  of  this  act;  but  no  such  application  shall  be 
made  for  the  taking  of  any  water,  water  right  or  water  source,  or 
for  any  injury  thereto,  and  said  period  of  two  years  shall  not  begin 
to  run,  until  the  water  is  actually  withdrawn  or  diverted  under  au¬ 
thority  of  this  act.  Said  corporation  may  by  vote  from  time  to  time 
determine  what  amount  or  quantity  of  water  it  proposes  to  take 
under  this  act ;  and  in  such  case  damages  caused  by  the  taking  shall 
be  based  upon  the  said  amount  or  quantity  until  the  same  shall  be 
increased  by  vote  or  otherwise,  and  in  that  event  the  corporation 
shall  be  liable  further  only  for  the  additional  damages  caused  by 
such  additional  taking. 

Section  5.  Said  corporation  may  distribute  water  through  the 
town  of  Salisbury  or  any  part  thereof,  may  regulate  the  use  of  said 
water  and  may  fix  rates  to  be  paid  for  the  use  of  same,  subject,  how¬ 
ever,  to  the  power  now  vested  in  the  board  of  gas  and  electric  light 
commissioners  to  regulate  said  rates,  and  may  make  such  contracts 
with  the  said  town  or  with  any  fire  district  now  or  hereafter  estab¬ 
lished  therein,  or  with  any  individual  or  corporation,  to  supply 
water  for  the  extinguishment  of  fires  or  for  other  purposes  as  may 
he  agreed  upon,  and  may  maintain  and  operate  a  system  of  sewrage 
disposal,  and  may  contract  with  said  town,  or  with  any  individual 
or  corporation,  relative  to  the  same. 

Section  6.  Said  corporation  may,  for  the  purposes  set  forth  in 


39 


this  act,  hold  real  estate  not  exceeding  in  value  twenty-live  thousand 
dollars,  and  its  capital  stock  shall  not  exceed  one  hundred  and  fifty 
thousand  dollars,  to  be  divided  into  shares  of  one  hundred  dollars 
each. 

Section  7.  Said  corporation  may,  by  vote  of  a  majority  in  in¬ 
terest  of  its  stockholders  at  a  meeting  called  for  the  purpose,  and 
subject  to  the  limitations  and  restrictions  of  the  following  section, 
issue  bonds,  at  not  less  than  par,  to  an  amount  not  exceeding  its 
capital  stock  actually  paid  in  at  the  time  of  such  issue  and  applied 
to  the  purposes  of  the  corporation,  and  bearing  interest  at  a  rate  not 
exceeding  six  per  cent  per  annum;  and  may  secure  the  payment  of 
the  principal  and  interest  of  said  bonds  by  a  mortgage  of  its  fran¬ 
chise  and  property.  All  persons  who  acquire  any  mains,  conduits, 
poles,  wires,  fixtures  or  other  apparatus  in,  over,  under  or  across 
public  ways  by  virtue  of  such  mortgage  shall  have  the  same  rights 
and  be  subject  to  the  same  obligations  relative  to  their  erection, 
care,  maintenance  and  operating  as  the  corporation  would  have  had, 
or  would  have  been  subject  to,  if  the  mortgage  had  not  been  made. 

Section  8.  Said  corporation  shall  issue  only  such  amount  of 
stock  and  bonds  as  the  board  of  gas  and  electric  light  commissioners 
may  from  time  to  time  vote  is  reasonably  necessary  for  the  purpose 
for  which  such  issue  of  stock  or  bonds  has  been  authorized.  The 
board  may  take  into  consideration  any  resources  of  the  said  corpo¬ 
ration  available  or  which  might  have  been  available  for  said  purpose. 
Said  board  shall  render  a  decision  upon  an  application  for  such 
issue  within  thirty  days  after  the  final  hearing  thereon.  The  de¬ 
cision  shall  be  in  writing,  shall  assign  the  reasons  therefor,  shall,  if 
authorizing  such  issue,  specify  the  respective  amounts  of  stock  or 
bonds  which  are  authorized  to  be  issued  for  the  several  purposes  to 
which  the  proceeds  thereof  are  to  be  applied,  shall,  within  seven 
days  after  it  has  been  rendered,  be  filed  in  the  office  of  the  board, 
and  a  certificate  of  the  vote  of  the  board  shall,  within  three  days 
after  such  decision  has  been  rendered  and  before  the  stock  or  bonds 
are  issued,  be  filed  in  the  office  of  the  secretary  of  the  common¬ 
wealth,  and  a  duplicate  thereof  shall  be  delivered  to  the  said  corpo¬ 
ration,  which  shall  enter  the  same  upon  its  records.  Said  corpora¬ 
tion  shall  not  apply  the  proceeds  of  such  stock  or  bonds  to  any 
purpose  not  specified  in  such  certificate.  Xo  application  for  the 
approval  of  an  issue  of  stock  shall  be  made  unless  authorized  by  vote 
of  the  incorporators,  in  case  of  an  original  issue,  or  of  the  stock¬ 
holders  in  case  of  an  increase  of  stock,  passed  not  more  than  four 


40 


months  prior  to  such  application;  but  a  vote  of  the  stockholders  to 
increase  the  capital  stock  may  be  passed  before  or  after  the  decision 
of  the  board  aforesaid. 

Section  9.  Said  corporation  shall  have  the  authority  to  acquire 
by  purchase  the  franchises,  corporate  property,  and  all  the  rights 
and  privileges  of  the  Artesian  Water  Company,  a  corporation  duly 
established  by  law,  which  now  owns  and  operates  a  system  of  water 
works  and  a  system  of  sewage  disposal  in  said  town  of  Salisbury, 
and  upon  such  purchase  shall  assume  all  contract  obligations  of 
said  Artesian  Water  Company,  particularly  the  contract  between 
said  town  of  Salisbury  and  said  Artesian  Water  Company  for  sup¬ 
plying  the  inhabitants  of  said  town  with  water. 

Section  10.  The  town  of  Salisbury  shall  have  the  right  at  any 
time,  by  a  two  thirds  vote  at  an  annual  meeting,  to  purchase  the 
franchise,  corporate  property,  and  all  the  rights  and  privileges  of 
said  corporation ;  or  the  town  may  in  said  manner  vote  to  purchase 
only  such  corporate  property,  rights  and  privileges  as  are  necessary 
and  suitable  for,  and  are  used  in  connection  with,  the  supply  of 
water  for  the  extinguishment  of  fires  and  for  domestic,  manufac¬ 
turing  and  other  purposes;  and  said  town  may  at  any  time  in  said 
manner  vote  to  purchase  only  such  corporate  property,  rights  and 
privileges  as  are  necessary  and  suitable  for  and  are  used  in  con¬ 
nection  with  the  system  of  sewage  disposal ;  and  the  town  shall  give 
said  corporation  sixty  days’  notice  of  the  vote,  and  said  corpora¬ 
tion  shall  then  within  sixty  days  after  receiving  such  notice  execute 
and  deliver  to  said  town  all  said  property,  franchise,  ’  rights  and 
privileges;  whereupon  the  property  thus  conveyed  shall  become  the 
property  of  said  town,  and  said  town  shall  be  liable  to  pay  to  said 
corporation  the  fair  market  value  thereof  for  the  purpose  of  its  use, 
excluding  any  mortgage  or  other  incumbrance  or  lien  to  which  such 
plant  or  any  part  thereof  may  be  subject  at  the  time  of  such  pur¬ 
chase,  which  shall  not  be  assumed  by  the  town  unless  the  commis¬ 
sioners  appointed  as  below  otherwise  determine,  but  if  transferred 
subject  to  said  mortgage  or  lien  the  amount  of  the  same  is  to  be 
deducted  from  the  price  to  be  paid.  Such  value  shall  be  estimated 
without  enhancement  on  account  of  future  earning  capacity  or 
good-will  or  of  exclusive  privileges  derived  from  rights  in  the  public 
streets,  and  without  enhancement  because  of  any  contract  which 
may  then  exist  between  said  corporation  and  said  town.  In  case 
the  town  and  the  corporation  shall  be  unable  to  agree  upon  the 
value  of  said  property  the  supreme  judicial  court  shall,  upon  appli- 


41 


cation  of  either  party  and  notice  to  the  other,  appoint  three  com¬ 
missioners,  one  of  whom  shall  be  a  skilled  engineer,  one  learned  in 
the  law,  and  one  engaged  in  carrying  on  a  business,  who  shall  de¬ 
termine  the  fair  value  of  said  property  as  above  provided  and  whose 
award,  when  accepted  by  the  court,  shall  be  final.  Any  tire  district 
which  may  be  hereafter  formed  in  said  town  of  Salisbury  shall  have 
the  right  to  purchase  such  corporate  property,  rights  and  privileges 
as  are  necessary  and  suitable  for,  and  are  used  in  connection  with, 
the  supply  of  water  for  the  extinguishment  of  fires  and  for  domes¬ 
tic,  manufacturing  and  other  purposes,  in  the  same  manner  and 
under  the  same  terms  and  subject  to  all  the  provisions  above  pro¬ 
vided  for  the  purchase  by  said  town. 

Section  11.  Whoever  wilfully  or  wantonly  corrupts,  pollutes 
or  diverts  any  water  taken  or  held  under  this  act,  or  injures  any 
structure,  work  or  other  property  owned,  held  or  used  by  said  cor¬ 
poration  under  authority  of  this  act,  shall  forfeit  and  pay  to  said 
corporation  three  times  the  amount  of  damages  assessed  therefor, 
to  be  recovered  in  an  action  of  tort ;  and  upon  conviction  of  any  of 
the  above  wilful  or  wanton  acts  shall  be  punished  by  a  fine  not  ex¬ 
ceeding  three  hundred  dollars  or  by  imprisonment  for  a  term  not 
exceeding  one  year. 

Section  12.  This  act  shall  take  effect  upon  its  passage.  [ Ap¬ 
proved  March  31,  1915. 


Special  Acts,  Chapter  253. 

An  Act  relative  to  Wires  and  Electrical  Appliances  in  the  City  of  Everett. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  council  of  the  city  of  Everett  may,  by 
ordinance,  designate  some  officer  or  officers  of  the  city  who  shall 
have  exclusive  authority  to  cause  to  be  removed  from  the  streets  or 
parts  of  streets  of  the  city  hereinafter  named,  all  telegraph,  tele¬ 
phone  and  electric  light,  motor  and  power  wires,  cables  and  con¬ 
ductors,  in  or  above  said  streets  or  parts  of  streets,  and  all  poles  and 
other  structures  in  said  streets  used  for  the  support  of  the  same, 
except  such  structures,  poles,  wires,  cables  and  conductors  as  are 
hereinafter  excepted.  Such  officer  or  officers  shall  grant  all  neces- 
sarv  permits  for  placing,  maintaining  and  operating  such  wires, 
cables  and  conductors,  and  any  other  necessary  appurtenances  in 
underground  conduit^  and  manholes,  subject  to  the  ordinances  of  the 
city ;  and  the  superintendent  of  streets  or  other  officer  having  charge 


42 


of  the  highways  of  said  city  shall  issue  all  permits  for  opening  and 
occupying  the  streets  which  may  be  necessary  to  carry  out  the  in¬ 
tent  of  this  provision,  upon  the  application  of  the  officer  or  officers 
first  above  mentioned  or  of  any  person  or  corporation  interested. 

Section  2.  The  provisions  of  this  act  shall  apply  to  the  follow¬ 
ing  streets  or  parts  of  streets :  —  Broadway  from  Main  street  to 
Gledhill  avenue;  Ferry  street  from  Elm  street  to  the  Malden  line. 
All  the  overhead  wires,  cables,  conductors,  poles  and  structures  in 
that  part  of  Broadway  above  specified,  except  such  as  are  hereinafter 
excepted,  shall  be  removed  or  placed  underground  prior  to  the  first 
day  of  January,  nineteen  hundred  and  twenty-one ;  and  all  the  over¬ 
head  wires,  cables,  conductors,  poles  and  structures  in  that  part  of 
Ferry  street  above  specified,  except  such  as  are  hereinafter  excepted, 
shall  be  removed  or  placed  underground  prior  to  the  first  day  of 
January,  nineteen  hundred  and  twenty-three:  provided ,  that  such 
permits  as  are  necessary  are  granted  in  due  season,  so  that  the 
work  may  be  completed  within  the  time  aforesaid ;  it  being  the  pur¬ 
pose  of  this  act  to  cause  the  removal  from  the  parts  of  streets 
above  named  of  all  wires,  cables,  conductors,  poles  and  structures, 
except  those  hereinafter  excepted,  within  the  periods  above  specified. 
And  it  shall  be  the  duty  of  said  officer  or  officers  to  see  that  the  same 
are  so  removed.  But  any  street  railway,  telegraph  or  telephone 
company  subject  to  the  provisions  of  this  act  may  petition  the  pub¬ 
lic  service  commission,  and  any  other  company  or  person  subject 
to  the  provisions  of  this  act  may  petition  the  board  of  gas  and 
electric  light  commissioners,  for  the  exemption  from  the  provisions 
of  this  act  of  any  wires,  cables,  conductors,  poles  and  structures,  or 
for  any  extension  or  extensions  of  time  for  compliance  with  said 
provisions.  And  said  commission  or  said  board,  as  the  case  may 
be,  may  grant  any  such  exemption  or  extension  which  they  deem 
reasonable;  and  any  exemptions  or  extensions  granted  by  said  com¬ 
mission  or  said  board,  by  an  order  passed  after  notice  to  the  mayor 
and  aldermen  of  said  city,  who  shall  be  entitled  to  be  heard,  and  a 
public  hearing,  shall  have  the  same  force  and  effect  as  if  specially 
provided  for  herein. 

Section  3.  Every  owner  or  user  of  overhead  wires,  cables  or  con¬ 
ductors,  and  of  poles  and  other  structures  for  the  support  thereof, 
in  that  part  of  Broadway  specified  in  section  two,  shall,  prior  to 
the  first  day  of  January,  nineteen  hundred  and  twenty-one,  con¬ 
struct  the  underground  conduits,  ducts  and  manholes  which  it  shall 
desire  to  use  in  that  part  of  said  Broadway,  and  remove  therefrom 


43 


its  overhead  wires,  cables  and  conductors  and  any  poles  or  other 
structures  used  for  the  support  thereof,  except  such  as  may  be  ex¬ 
empted  under  the  provisions  of  this  act;  and  every  owner  or  user 
of  overhead  wires,  cables  or  conductors  and  of  poles  and  other  struc¬ 
tures  for  the  support  thereof,  in  that  part  of  Ferry  street  specified 
in  section  two,  shall,  prior  to  the  first  day  of  January,  nineteen 
hundred  and  twenty-three,  construct  the  underground  conduits, 
ducts  and  manholes  which  it  shall  desire  to  use  in  that  part  of  said 
Ferry  street,  and  remove  therefrom  its  overhead  wires,  cables  and 
conductors,  and  any  poles  or  other  structures  used  for  the  support 
thereof,  except  such  as  may  he  exempted  under  the  provisions  of 
this  act;  and  upon  the  removal  from  overhead  of  such  wires,  cables 
or  conductors,  the  owners  or  users  thereof  may  place  the  same  and 
any  other  necessary  wires,  cables  or  conductors  or  any  extensions 
thereof,  in  such  underground  conduits.  It  shall  be  the  duty  of  the 
officer  or  officers  provided  for  in  section  one  to  see  that  the  require¬ 
ments  of  this  section  are  complied  with. 

Section  4.  No  person,  firm  or  corporation  shall  place  any  poles 
or  other  structures  for  the  support  of  any  wires,  cables  or  conduc¬ 
tors,  except  those  herein  excepted,  in  those  parts  of  the  streets  pre¬ 
scribed  in  section  two  from  which  the  overhead  wires,  cables  and 
conductors  shall  have  been  removed  pursuant  to  this  act,  except 
temporarily  and  in  emergencies,  with  the  permission  of  the  officer 
or  officers  designated  pursuant  to  section  one.  If,  after  the  expira¬ 
tion  of  the  time  herein  prescribed  for  the  removal  of  all  the  wires, 
cables,  conductors,  poles  and  structures  in  the  streets  or  parts  of 
streets  above  specified  there  shall  remain  in  any  of  said  streets  or 
parts  of  streets  any  wires,  cables,  conductors,  poles  or  structures 
which  are  by  this  act  required  to  be  removed  or  placed  underground 
the  officer  or  officers  designated  pursuant  to  section  one  shall  cause 
the  same  to  be  removed,  and  the  city  may  collect  from  the  owners 
or  users  thereof,  by  an  action  at  law,  any  expense  involved  in  such 
removal. 

Section  5.  The  officer  or  officers  designated  pursuant  to  section 
one  may  at  any  time,  upon  application  of  any  person,  firm  or  corpo¬ 
ration  duly  authorized  by  law  to  lay  or  to  erect  and  maintain,  and 
lawfully  maintaining,  wires  in  the  streets  of  said  city,  grant  per¬ 
mission  for  the  removal  of  any  wires,  cables,  conductors,  poles  or 
structures  in  any  of  the  streets  of  said  city,  whether  within  or  with¬ 
out  the  streets  specified  in  section  two,  and  for  the  placing  of  the 
same  and  any  other  necessary  wires,  cables  and  conductors,  and  any 


44 


extensions  thereof,  underground  as  herein  provided;  and  it  shall 
he  the  duty  of  the  commissioner  of  streets,  or  other  officer  having 
charge  of  the  highways  in  said  city,  and  he  shall  have  authority, 
after  the  granting  of  such  permission,  to  issue  all  permits  for  open¬ 
ing  and  occupying  the  streets  of  said  city  which  may  be  necessary 
to  carry  out  the  intent  of  this  act,  upon  the  application  of  said 
officer  or  officers  or  of  any  person  or  corporation  interested.  Said 
officer  or  officers  shall,  after  public  notice  and  hearing  as  required 
by  law,  grant  locations  for  such  additional  poles  for  local  distribu¬ 
tion  from  underground  wires,  cables  or  conductors  and  for  the 
support  of  lamps  as  may  become  reasonably  necessary  by  reason  of 
work  done  under  the  provisions  of  this  act,  specifying  where  such 
poles  may  be  located  and  the  kind  of  poles  to  be  used. 

Section  6.  The  Malden  Electric  Company,  the  Boston  Elevated 
Railway  Company  and  the  Bay  State  Street  Railway  Company,  or 
any  two  of  said  companies,  may  contract  with  each  other  for  the 
use  of  such  of  the  underground  conduits,  ducts,  manholes,  cables 
and  conductors  of  each  other  in  the  city  of  Everett  as  any  of  said 
companies,  or  its  successors  or  assigns,  may  desire  to  use,  upon  such 
terms  and  conditions  as  may  be  agreed  upon  by  said  companies,  re¬ 
spectively;  and  in  case  of  the  purchase  by  any  municipality  of  the 
plant  and  property  of  said  Malden  Electric  Company  in  the  city 
of  Everett,  any  such  conduits,  ducts,  manholes,  cables  and  conduc¬ 
tors  as  shall  have  been  provided  by  it  for  the  use  of  either  or  both 
of  the  other  companies  above  named  pursuant  to  the  provisions  of 
this  section  shall  be  a  part  of  the  plant  and  property  so  purchased. 

Section  7.  Except  as  herein  otherwise  provided,  this  act  shall 
not  apply  to  long  distance  telegraph  or  telephone  wires,  posts  for 
the  support  of  lamps  exclusively,  or  to  poles  used  exclusively  for 
local  distribution  from  underground  wires,  cables  or  conductors,  or 
to  street  railway  trolley,  guard  and  span  wires  or  to  poles  for  the 
support  of  the  same  ;  nor  shall  it  revoke  or  affect  any  rights  already 
granted  to  any  person,  firm  or  corporation  to  place  or  maintain  any 
conduits,  pipes,  wires,  cables  or  conductors  underground;  but  any 
such  conduits,  pipes,  wires,  cables  or  conductors  laid  hereafter  in 
pursuance  of  any  such  grant  shall  be  laid  subject  to  the  provisions 
of  this  act  so  far  as  they  are  not  inconsistent  with  the  terms  of 
such  grant.  For  the  purposes  of  this  act  no  wire  shall  be  deemed 
to  be  a  long  distance  telegraph  or  telephone  wire  which  does  not 
extend  at  least  twenty-five  miles  from  some  central  office. 

Section  8.  When  any  person  or  corporation  operating  or  in- 


45 


tending  to  operate  wires,  cables,  conductors  or  conduits  in  any 
streets  or  parts  of  streets  of  said  city  shall  desire  or  be  required  to 
place  the  same  underground,  and  shall  have  been  duly  authorized  so 
to  do,  such  person  or  corporation  shall  file  with  the  city  engineer 
of  the  city  a  map  or  maps  made  to  scale,  showing  the  streets  or  parts 
thereof  which  are  desired  or  required  to  be  used  for  said  purpose, 
and  giving  the  locations,  dimensions  and  courses  of  the  under¬ 
ground  conduits  desired  or  required  to  be  constructed,  which  map 
or  maps  shall  be  satisfactory  to,  and  approved  in  writing  by,  the 
city  engineer  before  any  permit  shall  be  granted  to  make  any  open¬ 
ing  in  any  such  street  under  the  said  authority. 

Section  9.  The  mayor  and  city  council  of  the  city  shall  consti¬ 
tute  a  board  of  appeal,  to  which  petitions  in  writing  may  be  pre¬ 
sented  by  any  person  or  corporation  aggrieved  by  any  act  or  decision 
of  the  officer  or  officers  designated  under  section  one,  or  of  the  city 
engineer,  done  or  made  in  pursuance  of  this  act.  Such  petition 
shall  set  forth  the  specific  grievance  or  grievances  relied  upon,  and 
shall  be  filed  with  the  mayor  of  the  city  within  ten  days  after  the 
act  or  decision  complained  of  was  done  or  made;  and  said  board 
after  due  notice  shall  give  a  hearing  thereon,  and  may  either  ap¬ 
prove,  annul,  modify  or  overrule  such  act  or  decision. 

Section  10.  The  city  council  of  said  city  may  make  such  new 
ordinances,  not  inconsistent  with  or  additional  to  the  provisions  of 
this  act,  as  may  be  necessary  or  expedient  to  carry  into  effect  the 
purposes  of  this  act.  No  existing  ordinances  of  said  city  shall 
apply  to  or  govern  the  grants  or  permits  to  be  made,  the  work  to 
be  done,  or  the  conduits,  manholes,  cables  or  conductors  to  be  laid 
or  constructed,  pursuant  to  the  provisions  of  this  act. 

Section  11.  The  supreme  judicial  court  or  the  superior  court, 
or  any  justice  thereof,  shall,  on  petition  of  the  officer  or  officers 
designated  under  section  one,  or  of  any  person,  firm  or  corporation 
affected  by  the  provisions  of  this  act,  have  jurisdiction  in  equity  to 
enforce  the  provisions  of  this  act  or  any  order  of  said  officer  or 
officers  issued  pursuant  thereto,  and  to  compel  compliance  there¬ 
with. 

Section  12.  This  act  shall  take  effect  upon  its  passage.  [Ap¬ 
proved  April  3,  1915. 


46 


Special  Acts,  Chapter  262. 

An  Act  relative  to  the  Wire  Department  of  the  City  of  Boston. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  two  hundred  and  sixty-eight  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-eight,  as  amended  by  chapter 
three  hundred  and  thirty-nine  of  the  acts  of  the  year  nineteen  hun¬ 
dred  and  eight,  is  hereby  further  amended  by  inserting  after  section 
three  a  new  section,  to  be  numbered  four,  as  follows:  —  Section  4. 
The  commissioner  of  wires,  subject  to  the  approval  of  the  mayor,  is 
hereby  authorized  to  establish  and  collect  reasonable  fees  or  charges 
for  all  permits  or  licenses  issued  by  him  in  accordance  with  the  pro¬ 
visions  of  this  act,  and  for  the  inspection  of  all  work  done  under 
such  permits  or  licenses. 

Section  2.  This  act  shall  take  effect  upon  its  passage.  \ Ap¬ 

proved  April  8,  1915. 


Special  Acts,  Chapter  268. 

An  Act  relative  to  the  Location  of  Underground  Electrical  Wires,  Cables, 
Conductors  and  Conduits  in  the  City  of  Boston. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  commissioner  of  wires  of  the  city  of  Boston  shall 
have  exclusive  authority  to  grant  to  persons,  firms  or  corporations 
duly  authorized  by  law  to  lay  or  erect  and  maintain,  and  lawfully 
maintaining,  wires  in  the  streets  of  said  city,  locations  for  under¬ 
ground  wires,  cables,  conductors  and  conduits,  in  the  manner  pro¬ 
vided  by  chapter  four  hundred  and  fifty-four  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-four  and  by  acts  in  amendment  thereof 
or  in  addition  thereto,  in  any  of  the  streets,  avenues  and  highways 
of  said  city,  whether  such  locations  are  for  the  accommodation  of 
new  wires,  cables  and  conductors,  or  of  wires,  cables  and  conductors 
removed  from  overhead.  The  commissioner  of  wires  shall  also  have 
authority,  after  giving  such  person,  firm  or  corporation  an  oppor¬ 
tunity  to  be  heard,  to  direct  an  alteration  in  any  location  for  under¬ 
ground  wires,  cables,  conductors  and  conduits  in  any  of  the  streets, 
avenues  and  highways  of  the  city  of  Boston. 

Section  2.  All  acts  and  parts  of  acts  inconsistent  herewith  are 
hereby  repealed. 

Section  3.  This  act  shall  take  effect  upon  its  passage.  [ Ap¬ 
proved  April  12,  1915. 


47 


Special  Acts,  Chapter  271. 

An  Act  to  incorporate  the  Yarmouth  Water  Company. 

Be  it  enacted ,  etc.,  as  follows: 

Section  1.  Charles  W.  Young,  Henry  A.  Sy monels  and  Charles 
B.  Currier,  their  associates  and  successors,  are  hereby  made  a  cor¬ 
poration  by  the  name  of  the  Yarmouth  Water  Company,  for  the  pur¬ 
pose  of  supplying  the  inhabitants  of  the  town  of  Yarmouth,  or  any 
part  thereof,  with  water  for  domestic,  manufacturing  and  other  pur¬ 
poses,  including  the  extinguishment  of  fires ;  with  all  the  powers  and 
privileges,  and  subject  to  all  the  duties,  restrictions  and  liabilities 
set  forth  in  all  general  laws  now  or  hereafter  in  force  applicable  to 
such  corporations. 

Section  2.  The  corporation  may  purchase  water  for  any  or  all 
of  its  corporate  purposes  from  the  Barnstable  Water  Company  or 
from  any  other  corporation  at  the  time  engaged  in  supplying  water 
to  the  inhabitants  of  any  town  adjoining  the  town  of  Yarmouth: 
provided,  that  the  source  of  the  water  supply  of  such  other  corpora¬ 
tion  was  acquired  with  the  consent  of,  or  shall  have  been  approved 
by,  the  state  department  of  health.  The  Barnstable  Water  Com¬ 
pany  and  all  other  corporations  now  or  hereafter  engaged  as  afore¬ 
said  in  supplying  water  to  the  inhabitants  of  towns  adjoining  the 
town  of  Yarmouth  may  sell  and  contract  to  sell  water  to  the  cor¬ 
poration  created  by  this  act  for  any  or  all  of  its  corporate  purposes. 
If  any  town  or  fire  district  acquires  by  exercise  of  eminent  domain 
the  property  of  a  corporation  which  at  the  time  is  under  contract  to 
sell  water  to  the  corporation  created  by  this  act,  such  town  or  fire 
district  shall  assume  the  obligations  of  the  former  corporation  in 
relation  to  supplying  water  for  the  unexpired  term  of  the  contract, 
and  the  latter  corporation  may  thereafter  purchase  water  from  such 
town  or  fire  district:  provided,  that  if  such  town  or  fire  district  is 
not  satisfied  with  the  price  fixed  by  the  contract  for  water  to  be  fur¬ 
nished  thereunder,  it  may  apply  to  the  board  of  gas  and  electric 
light  commissioners  to  fix  and  determine  the  price  of  water  there¬ 
after  to  be  furnished  under  the  contract;  and  said  board  shall,  after 
notice  to  all  interested  parties  and  a  public  hearing,  enter  such 
orders  relative  to  the  price  of  water  thereafter  to  be  furnished  under 
said  contract  as  it  determines  are  just  and  reasonable.  Such  orders 
shall  be  binding  upon  such  town  or  fire  district  until  further  order 
of  said  board.  The  corporation  created  by  this  act  shall  not  take  or 
otherwise  acquire  any  water  other  than  by  purchase  under  the  pro¬ 
visions  of  this  section. 


48 


Section  3.  Except  as  is  otherwise  provided  herein,  the  corpora¬ 
tion  may  lease,  take,  or  otherwise  acquire,  and  hold  all  lands,  rights 
of  way  and  easements  necessary  or  convenient  for  the  accomplish¬ 
ment  of  its  corporate  purposes,  may  erect  thereon  buildings,  stand¬ 
pipes  and  other  structures,  with  fixtures,  machinery  and  other  ap¬ 
pliances  appurtenant  thereto,  and  may  do  all  other  things  necessary 
or  convenient  for  the  establishment  and  maintenance  of  a  complete 
and  effective  system  of  water  works;  but  it  shall  have  no  authority 
to  take  and  shall  not  take  in  fee  land  for  any  purpose  other  than  the 
storage  of  water,  and  the  lands  so  taken  shall  not  in  the  aggregate 
exceed  two  acres. 

Section  4.  The  corporation  shall,  within  ninety  days  after  vot¬ 
ing  to  take  such  lands,  rights  of  way,  or  other  easements  as  afore¬ 
said,  cause  to  be  recorded  in  the  registry  of  deeds  for  the  county  of 
Barnstable  a  description  thereof  sufficiently  accurate  for  identifica¬ 
tion,  with  a  statement  of  the  purpose  for  which  the  same  were  taken, 
signed  by  the  president  of  the  corporation.  The  recording  shall 
operate  as  a  taking  of  the  real  estate,  rights  of  way  and  easements 
therein  described. 

Section  5.  The  corporation  shall  pay  all  damages  sustained  by 
any  person  by  the  taking  of  any  land,  right  of  way,  or  easement 
under  the  provisions  of  this  act.  Any  person  sustaining  such  dam¬ 
ages  and  failing  to  agree  with  the  corporation  as  to  the  amount 
thereof  may  have  the  same  assessed  and  determined  in  the  manner 
provided  by  law  in  the  case  of  land  taken  for  the  laying  out  of  high¬ 
ways,  on  application  at  any  time  within  three  years  after  the  taking 
of  such  land  or  other  property;  hut  no  such  application  shall  be 
made  after  the  expiration  of  said  three  years. 

Section  6.  The  corporation  may  construct,  lay  and  maintain 
conduits,  pipes  and  other  works,  under  or  over  any  lands,  water 
courses,  canals,  dams,  railroads,  railways  and  public  or  other  ways, 
and  along  any  highway  or  other  way,  in  the  town  of  Yarmouth,  in 
such  manner  as  not  unnecessarily  to  obstruct  the  same;  and  for  the 
purpose  of  constructing,  laying  and  maintaining  such  conduits, 
pipes  and  other  works,  and  for  all  other  corporate  purposes  the  cor¬ 
poration  may  dig  up,  raise  and  embank  any  such  lands,  highways, 
or  other  ways  in  such  manner  as  not  unnecessarily  to  hinder  public 
travel ;  hut  all  things  done  upon  any  public  ways  shall  he  subject  to 
the  direction  and  approval  of  the  selectmen  of  said  town. 

Section  7.  The  corporation  may  distribute  water  through  the 
town  of  Yarmouth,  or  any  part  thereof,  and  may  regulate  the  use 


i 


49 


of  the  same.  It  may  from  time  to  time  establish  and  fix  rates  for 
such  water  and  may  collect  the  same  when  due.  It  may  make  such 
contracts  with  the  town  of  Yarmouth,  or  with  any  fire  district  now 
or  hereafter  established  therein,  or  with  any  persons,  to  supply  water 
for  the  extinguishment  of  fires  or  for  such  other  purposes  as  may 
be  agreed  upon. 

Section  8.  The  capital  stock  of  the  corporation  shall  not  exceed 
fifty  thousand  dollars  to  be  divided  into  shares  of  one  hundred  dol¬ 
lars  each;  and  the  corporation  may  issue  bonds  and  secure  the  same 
by  mortgage  of  its  franchise  and  other  property  at  the  town  owned 
or  thereafter  acquired  to  an  amount  not  exceeding  its  capital  stock 
actually  paid  in.  It  may,  from  time  to  time,  if  necessary  in  order 
to  accomplish  the  purposes  of  its  incorporation,  increase  its  capital 
stock  agreeably  to  the  provisions  of  section  thirty-five  of  chapter 
seven  hundred  and  forty-two  of  the  acts  of  the  year  nineteen  hun¬ 
dred  and  fourteen.  It  shall  issue  only  such  amounts  of  stock  and 
bonds  as  the  board  of  gas  and  electric  light  commissioners  may  from 
time  to  time  determine  to  be  reasonably  necessary  for  the  purposes 
for  which  such  issue  of  stock  or  bonds  is  authorized.  All  such  issues 
shall  be  subject  to  the  provisions  of  section  thirty-nine  of  said  chap¬ 
ter  seven  hundred  and  forty-two. 

Section  9.  Whoever  wilfully  or  wantonly  corrupts,  pollutes  or 
diverts  any  water  purchased  or  held  under  this  act,  or  injures  any 
structure,  work  or  other  property  owned,  held  or  used  by  the  cor¬ 
poration  under  authority  of  this  act,  shall  forfeit  and  pay  to  the 
corporation  three  times  the  amount  of  damages  assessed  therefor, 
to  be  recovered  in  an  action  of  tort,  and  upon  being  convicted  of  any 
of  the  above  wilful  or  wanton  acts  shall  be  punished  by  a  fine  not 
exceeding  three  hundred  dollars,  or  by  imprisonment  in  jail  for  a 
*  term  not  exceeding  one  year. 

Section  10.  The  town  of  Yarmouth  shall  have  the  right,  at  any 
time  during  the  continuance  of  the  charter  hereby  granted,  to 
acquire  by  purchase  or  by  exercise  of  the  right  of  eminent  domain 
the  franchise,  property  and  all  the  rights  and  privileges  of  the  cor¬ 
poration,  On  payment  to  the  corporation  of  the  actual  cost  of  its 
franchise,  works  and  property  of  every  kind  held  under  the  pro¬ 
visions  of  this  act;  and  unless  the  dividends  earned  and  declared  by 
said  company  on  its  stock  shall  have  been  equal  to  or  in  excess  of 
five  per  cent  per  annum,  there  shall  be  added  to  the  cost  of  the  work 
such  a  sum  as  would  make  the  net  return  to  the  stockholders  five 
per  cent  per  annum  on  the  investment.  The  town,  on  taking,  as 


50 


herein  provided,  the  property  of  said  corporation,  shall  assume  all 
of  its  outstanding  obligations  incurred  in  the  construction  or  im¬ 
provement  of  the  property,  including  bonds  secured  by  mortgage 
issued  under  authority  of  this  act,  and  the  amount  thus  assumed 

%j  * 

shall  be  deducted  from  the  total  amount  to  be  paid  by  the  town  to 
said  corporation.  Said  corporation  shall  furnish  to  the  town  of 
Yarmouth,  under  oath,  an  itemized  statement  of  the  actual  cost  of 
the  water  supply  system  authorized  by  this  act,  together  with  a  copy 
of  all  contracts  made  in  providing  and  constructing  said  water  sup¬ 
ply  system  and  any  extension  thereof,  and  shall  furnish  to  said  town 
annually  in  the  month  of  January  an  itemized  statement,  under 
oath,  of  its  receipts  and  expenditures,  which  statement  shall  be  sub¬ 
mitted  bv  the  selectmen  to  the  citizens  of  the  town  at  the  annual 
town  meeting.  This  authority  to  take  the  said  franchise  and  prop¬ 
erty  is  granted  on  condition  that  the  same  is  assented  to  by  the  said 
town  by  a  two  thirds  vote  of  the  voters  present  and  voting  thereon 
at  a  meeting  legally  called  for  that  purpose ;  and  the  taking  by  right 
of  eminent  domain  shall  be  by  filing  in  the  registry  of  deeds  for  , 
the  county  of  Barnstable  the  declaration  of  such  taking,  which  shall 
include  a  certified  copy  of  the.  article  in  the  warrant  under  which  the 
town  acted  and  of  the  vote  of  the  town  thereon,  showing  that  it  was 
passed  by  a  two  thirds  vote  as  herein  required.  In  case  the  town 
and  the  corporation  shall  he  unable  to  agree  upon  the  actual  cost  of 
said  property,  the  supreme  judicial  court  shall,  upon  application  of 
either  party  and  notice  to  the  other,  appoint  three  commissioners, 
who  shall  determine  the  actual  cost  of  said  property,  and  whose 
award,  when  accepted  by  the  court,  shall  he  final.  Interest  at  the 
rate  of  six  per  cent  shall  he  included  in  said  award  from  the  date  of 
the  taking  or  purchase. 

Section  11.  Said  town  may,  for  the  purpose  of  paying  the  cost 
of  said  franchise  and  corporate  property,  and  the  necessary  expenses 
and  liabilities  incurred  or  to  be  incurred  under  the  provisions  of  this 
act,  issue  from  time  to  time  bonds,  notes  or  certificates  of  indebted¬ 
ness,  to  an  amount  not  exceeding  one  hundred  thousand  dollars. 
All  such  bonds,  notes  and  certificates  of  indebtedness  shall,  how¬ 
ever,  be  issued  subject  to  the  limitations  and  provisions  of  chapter 
seven  hundred  and  forty-two  of  the  acts  of  the  year  nineteen  hun¬ 
dred  and  fourteen. 

Section  12.  Said  town  shall,  after  purchasing  or  taking  the  said 
franchise  and  corporate  property,  as  provided  in  this  act,  at  a  legal 
meeting  called  for  the  purpose,  elect  by  ballot  three  persons  to  hold 


office,  one  until  the  expiration  of  three  years,  one  until  the  expira¬ 
tion  of  two  years,  and  one  until  the  expiration  of  one  year  from  the 
next  succeeding  town  meeting,  to  constitute  a  hoard  of  water  com¬ 
missioners;  and  at  each  annual  town  meeting  thereafter  one  such 
commissioner  shall  be  elected  by  ballot  for  the  term  of  three  years. 
All  the  authority  granted  to  the  said  town  lew  this  act  and  not  other¬ 
wise  specifically  provided  for  shall  be  vested  in  said  water  commis¬ 
sioners,  who  shall  be  subject,  however,  to  such  instructions,  rules 
and  regulations  as  the  town  may  impose  by  its  vote.  A  majority 
of  said  commissioners  shall  constitute  a  quorum  for  the  transaction 
of  business.  Any  vacancy  occurring  in  said  board  for  any  cause 
may  be  filled  for  the  remainder  of  the  unexpired  term  lyy  the  town 
at  any  legal  town  meeting  called  for  the,  purpose.  Any  such  va¬ 
cancy  may  be  filled  temporarily  by  a  majority  vote  of  the  selectmen, 
and  the  person  so  appointed  shall  hold  office  until  the  town  fills  the 
vacancy  in  the  manner  provided  herein. 

Section  13.  Said  commissioners  shall  fix  just  and  equitable 
rates  for  the  use  of  water  and  shall  prescribe  a  time  and  manner 
of  payment.  The  income  of  the  water  works  shall  be  applied  to  de¬ 
fraying  all  operating  expenses,  interest  charges  and  payments  on 
the  principal  as  they  accrue  upon  any  bonds,  notes  or  certificates 
of  indebtedness  issued  under  authority  of  this  act.  If  there  should 
he  a  net  surplus  remaining  after  providing  for  the  aforesaid  charges, 
it  shall  be  used  for  such  new  construction  as  the  water  commis¬ 
sioners  may  determine  upon,  and  in  case  a  surplus  should  remain 
after  payment  for  such  new  construction,  the  water  rates  shall  be 
reduced  accordingly.  No  money  shall  he  expended  in  new  con¬ 
struction  by  the  water  commissioners  except  from  the  net  surplus 
aforesaid,  unless  the  town  appropriates  or  provides  money  therefor. 
Said  commissioners  shall  annually,  and  as  often  as  the  town  may 
require,  render  a  report  of  the  condition  of  the  works  under  their 
charge,  and  an  account  of  their  doings,  including  an  account  of 
receipts  and  expenditures. 

Section  14.  Any  fire  district  now  existing  or  hereafter  estab¬ 
lished  within  the  town  of  Yarmouth  for  the  purpose  of  supplying 
the  inhabitants  thereof  with  water  for  the  extinguishment  of  fires, 
for  domestic,  manufacturing  and  other  purposes  shall  have  all  the 
rights  and  privileges  herein  granted  to,  and  be  subject  to  all  the 
obligations,  duties  and  liabilities  herein  imposed  upon,  said  town. 

Section  15.  This  act  shall  take  effect  upon  its  acceptance  bv 
the  town  of  Yarmouth  at  any  meeting  legally  called  for  that  pur- 


52 


pose,  but  it  shall  become  void  unless  said  water  company  shall  have 
begun  to  distribute  water  through  its  pipes  to  consumers  in  said 
town  within  three  years  after  the  town  shall  have  accepted  this  act. 
[Approved  April  12,  1915. 


Special  Acts,  Chapter  282. 

An  Act  to  dissolve  Certain  Corporations. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Such  of  the  following  named  corporations,  as  are 
not  already  legally  dissolved,  are  hereby  dissolved,  subject  to  the 
provisions  of  sections  fifty-two  and  fifty-three  of  chapter  four  hun¬ 
dred  and  thirty-seven  of  the  acts  of  the  year  nineteen  hundred  and 
three : 1 

Barnstable  Electric  Company. 

Belchertown  Light,  Heat  and  Power  Company. 

Cape  Light,  Heat  and  Power  Company. 

Haverhill  Gas  Company. 

Marshfield  Electric  Light  and  Power  Company. 

Nashua  Biver  Paper  Corporation. 

North  Egremont  Water  Company. 

South  Hadley  Falls  Electric  Light  Company,  The. 

Waltham  Electric  Company. 

Section  2.  Nothing  in  this  act  shall  be  construed  to  affect  any 
suit  now  pending  by  or  against  any  corporation  mentioned  in  the 
first  section  hereof,  nor  any  suit  now  pending  or  hereafter  brought 
for  any  liability  now  existing  against  the  stockholders  or  officers  of 
any  such  corporation,  nor  to  revive  any  charter  previously  annulled 
or  corporation  previously  dissolved,  nor  to  make  valid  any  defective 
organization  of  any  of  the  supposed  corporations  mentioned  in  said 
first  section. 

Section  3.  Suits  upon  choses  in  actions  arising  out  of  contracts 
sold  or  assigned  by  any  corporation  dissolved  by  this  act  may  be 
brought  or  prosecuted  in  the  name  of  the  purchaser  or  assignee. 
The  fact  of  sale  or  assignment  and  of  purchase  by  the  plaintiff 
shall  be  set  forth  in  the  writ  or  other  process;  and  the  defendant 
may  avail  himself  of  any  matter  of  defence  of  which  he  might  have 

1  This  act  names  993  corporations,  but  only  gas,  electric  or  water  companies  are  mentioned 
here. 


53 


availed  himself  in  a  suit  upon  the  claim  by  such  corporation,  had 
it  not  been  dissolved  by  this  act. 

Section  4.  This  act  shall  take  effect  upon  its  passage.  [ Ap¬ 

proved  April  16,  1915. 


Special  Acts,  Chapter  347. 

An  Act  in  Addition  to  an  Act  making  Appropriations  for  Sundry  Miscella¬ 
neous  Expenses  authorized  during  the  Present  Year  and  for  Certain 
Other  Expenses  authorized  by  Law. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appropriated, 
to  be  paid  out  of  the  treasury  of  the  commonwealth  from  the  ordi¬ 
nary  revenue  unless  it  is  otherwise  specified,  to  wit :  — 

The  appropriation  made  by  chapter  two  hundred  and  thirty-six 
of  the  Special  Acts  of  the  present  year  for  the  salary  of  the  present 
first  assistant  inspector  of  the  gas  and  electric  light  commissioners 
is  hereby  made  available  to  be  used  for  the  salary  of  any  succeeding 
inspector. 

•  •••••••*•••• 

Section  2.  This  act  shall  take  effect  upon  its  passage.  \  Ap¬ 

proved  May  19,  1915. 


Special  Acts,  Chapter  375. 

An  Act  to  incorporate  the  Cape  Cod  Water  Company. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Charles  14.  Taylor,  William  H.  Burgess,  Reginald  L. 
Robbins,  Howard  W.  Lang  and  Charles  L.  Walker,  their  associates 
and  successors,  are  hereby  made  a  corporation  by  the  name  of  the 

Cape  Cod  Water  Company  for  the  purpose  of  supplying  water  for 

•  _ 

use  within  the  towns  of  Chatham,  Harwich  and  Dennis  for  the  ex¬ 
tinguishment  of  fires  and  for  domestic,  manufacturing  and  other 
purposes.  Said  corporation  shall  have  all  the  powers  and  privileges 
and  shall  be  subject  to  all  the  duties,  restrictions  and  liabilities  set 
forth  in  all  general  laws  now  or  hereafter  in  force  applicable  to 
water  companies. 

Section  2.  Said  corporation  may  take  or  acquire  bv  purchase 
or  otherwise,  and  hold,  the  waters  of  such  ground  water  source 


54 


within  the  limits  of  said  towns  of  Chatham,  Harwich  and  Dennis, 
as  may  he  approved  by  the  state  department  of  health,  and  may 
obtain  the  water  by  means  of  driven,  bored,  artesian  or  other  wells 
on  any  land  within  said  limits,  and  may  also  take  or  acquire,  subject 
to  the  approval  of  said  state  department  of  health,  by  purchase  or 
otherwise  all  lands,  rights  of  way  and  easements  necessary  for  hold¬ 
ing  and  preserving  such  water  and  the  purity  thereof  and  for  con¬ 
veying  the  water  to  any  part  of  said  towns.  Said  corporation  may 
erect  on  the  land  so  taken  or  acquired  such  dams,  buildings,  reser¬ 
voirs  and  other  structures  or  equipment  as  may  be  necessary  for  the 
establishment  and  maintenance  of  complete  and  effective  water 
works  and  may  do  all  other  acts  reasonably  necessary  to  carry  out 
the  purposes  for  which  the  company  is  incorporated.  It  may  make 
excavations,  procure  and  operate  machinery,  lay  and  maintain  aque¬ 
ducts,  conduits,  pipes  and  other  works  under  or  over  any  land,  water 
courses,  canals,  dams,  railroads,  railways  and  public  or  other  ways 
and  along  any  highway  or  other  way  in  said  towns,  in  such  manner 
as  not  unnecessarily  to  obstruct  the  same ;  and  for  the  purpose  of 
constructing,  laying,  maintaining  and  repairing  such  aqueducts,  con¬ 
duits,  pipes  and  other  works,  and  for  all  other  purposes  of  this  act,, 
said  corporation  may  dig  up,  raise  and  embank  any  such  lands,  high¬ 
ways  or  other  ways  in  such  manner  as  to  cause  the  least  hindrance 
to  public  travel,  subject  to  the  approval  of  the  selectmen  of  the  re¬ 
spective  towns  as  to  highways  or  other  ways  within  their  control. 
Said  corporation  shall  not  enter  upon,  construct  or  lay  any  conduits,, 
pipes  or  other  works  within  the  location  of  any  railroad  corporation, 
except  at  such  time  and  in  such  manner  as  it  may  agree  upon  with 
such  corporation,  or,  in  case  of  failure  so  to  agree,  as  may  be  ap¬ 
proved  by  the  public  service  commission. 

Section  3.  Said  company  shall,  within  sixty  days  after  voting 
to  take  any  lands,  rights  of  way,  water  rights,  water  sources  or  ease¬ 
ments  as  aforesaid,  file  and  cause  to  be  recorded  in  the  registry  of 
deeds  for  the  county  of  Barnstable  a  description  thereof  sufficiently 
accurate  for  identification,  with  a  statement  of  the  purpose  for  which 
the  same  were  taken,  signed  by  the  president  of  the  corporation.  The 
recording  shall  operate  as  a  taking  of  the  real  estate  and  rights  and' 
easements  therein  described. 

Section  4.  Said  company  shall  pay  all  damages  to  property  sus¬ 
tained  by  any  person,  firm  or  corporation  by  the  taking  of  any  land, 
right  of  way,  water,  water  source,  water  rights,  or  easements,  or  by 
any  other  thing  done  by  said  corporation  under  the  authority  of 


55 


» 


■> 


; 


T 


tliis  act.  Any  person,  firm  or  corporation  sustaining  damages  as 
aforesaid,  and  failing  to  agree  with  said  corporation  as  to  the  amount 
thereof,  may  have  the  same  assessed  and  determined  in  the  manner 
provided  by  law  in  the  case  of  land  taken  for  the  laying  out  of  high¬ 
ways,  on  application  at  any  time  within,  but  not  after,  two  years 
from  the  taking  of  such  land  or  other  property,  or  the  doing  of  any 
other  injury  under  authority  of  this  act.  Said  company  may  by 
vote,  from  time  to  time,  determine  what  amount  or  quantity  of 
water  it  proposes  to  take  under  this  act;  and  in  such  case  damages 
caused  by  the  taking  shall  be  based  upon  the  said  amount  or  quantity 
until  the  same  shall  be  increased  by  vote  or  otherwise,  and  in  that 
event  the  company  shall  be  liable  further  only  for  the  additional 
damages  caused  by  such  additional  taking. 

Section  5.  Said  company  may  distribute  water  through  said 
towns  of  Chatham,  Harwich  and  Dennis,  or  any  part  thereof,  and 
may  regulate  the  use  of  said  water  and  may  fix  the  rates  to  be  paid 
for  the  use  of  the  same,  subject,  however,  to  the  power  now  vested  in 
the  board  of  gas  and  electric  light  commissioners  to  regulate  said 
rates ;  and  may  collect  such  rates,  and  may  make  contracts  with  any 
of  said  towns,  acting  by  their  respective  selectmen,  and  with  any  fire 
or  water  district  now  or  hereafter  established  therein,  and  with  anv 
individual,  corporation,  departments  of  the  commonwealth  and  of 
the  United  States  therein,  to  supply  water  for  the  extinguishment  of 
fires,  and  for  domestic,  manufacturing  or  other  purposes.  But  the 
selectmen  of  any  of  said  towns  shall  not  have  authority  to  make  con¬ 
tracts  for  hydrant  service  until  authorized  by  a  majority  vote  of  the 
voters  of  the  town  present  and  voting  upon  the  question :  —  “  Shall 
the  selectmen  of  the  town  of  have  authority  to  make  a  con¬ 

tract  with  the  Cape  Cod  Water  Company  for  hydrant  service?” 
And  this  vote  shall  be  taken  at  the  same  special  town  meeting  which 
votes  upon  the  acceptance  of  this  act. 

Section  6.  The  amount  of  capital  stock  of  the  company  shall  be 
fixed  at  the  first  meeting  of  the  stockholders :  provided ,  however ,  that 
it  shall  not  exceed  two  hundred  and  fifty  thousand  dollars;  and  a 
certificate  thereof  shall  be  filed  with  the  secretary  of  the  common¬ 
wealth  within  thirty  days  after  the  amount  of  the  capital  stock  has 
been  fixed.  The  capital  stock  may  be  increased  or  diminished  there¬ 
after  as  provided  in  section  thirty-five  of  chapter  seven  hundred  and 
forty-two  of  the  acts  of  the  year  nineteen  hundred  and  fourteen. 
Shares  shall  be  of  the  par  value  of  one  hundred  dollars  each.  Said 
company  may,  for  the  purposes  of  this  act,  issue  stocks  and  bonds 


56 


only  in  accordance  with  the  powers,  limitations  and  restrictions  con¬ 
tained  in  chapter  seven  hundred  and  eighty-seven  of  the  acts  of  the 
year  nineteen  hundred  and  fourteen,  and  acts  in  amendment  thereof 
and  in  addition  thereto. 

Section  7.  The  towns  of  Chatham,  Harwich  and  Dennis,  or  any 
•one  or  two  of  said  towns,  upon  obtaining  appropriate  legislation  to 
enable  them  to  act  as  a  water  district  or  otherwise,  may  purchase  the 
franchise  and  all  the  rights,  privileges  and  property  of  said  water 
company  owned  by  it  and  used  in  supplying  water,  upon  payment 
of  the  fair  market  value  thereof.  Such  value  shall  be  estimated 
without  enhancement  on  account  of  future  earning  capacity  or  good 
will  of  said  company,  or  on  account  of  the  exclusive  privileges  de¬ 
rived  from  rights  in  the  public  streets,  or  on  account  of  any  con¬ 
tracts  which  may  then  exist  between  the  water  company  and  said 
towns  or  any  of  them.  The  water  district  or  any  one  or  more  of 
said  towns,  as  the  case  may  be,  purchasing  said  water  system  may 
require  that  said  franchise,  rights,  privileges  and  property  purchased, 
shall  be  assigned,  transferred  and  conveyed  by  the  water  company 
free  and  clear  of  any  mortgage  or  lien  to  which  such  water  system 
or  any  part  thereof  may  be  subject  at  the  time  of  such  purchase, 
unless  the  board  of  gas  and  electric  light  commissioners  shall  deter¬ 
mine  otherwise.  If  the  water  district  or  any  one  or  more  of  said 
towns,  as  the  case  may  be,  and  the  water  company  shall  be  unable  to 
agree  upon  the  value  of  said  franchise  rights,  privileges  and  prop¬ 
erty,  either  party,  with  notice  to  the  other,  may  apply  to  the  supreme 
judicial  court  for  the  county  of  Barnstable  for  the  determination  of 
said  value.  Said  court  shall  refer  the  application  to  the  board  of 
gas  and  electric  light  commissioners,  who  shall  hear  the  parties  and 
determine  the  value  of  said  franchise,  rights,  privileges  and  property 
in  accordance  with  the  provisions  herein  prescribed,  and  the  award 
of  said  board  when  accepted  by  the  court  shall  be  final.  The  award 
shall  not  be  set  aside  or  recommitted  for  error  in  law,  unless  the 
court  is  satisfied  that  such  error  has  substantially  affected  the  inter¬ 
ests  of  the  party  complaining  thereof,  and  in  that  event  the  court 
may  recommit  the  award  to  the  board  with  such  directions  as  justice 
may  require. 

Section  8.  Whoever  wilfully  or  wantonly  corrupts,  pollutes  or 
diverts  any  water  taken  or  held  under  authority  of  this  act,  or  in¬ 
jures  any  structure,  work  or  other  property  owned,  held  or  used  by 
said  company  under  authority  of  this  act,  shall  forfeit  and  pay  to 
said  company  three  times  the  amount  of  damages  assessed  therefor, 


57 


to  be  recovered  in  an  action  of  tort;  and  upon  conviction  of  any  of 
the  above  wilful  or  wanton  acts  shall  be  punished  by  a  fine  not  ex¬ 
ceeding  three  hundred  dollars  or  by  imprisonment  for  a  term  not 
exceeding  one  year. 

Section  9.  This  act,  except  as  is  provided  in  section  ten,  shall 
take  effect  as  to  any  of  said  towns  of  Chatham,  Harwich  and  Dennis 
upon  its  acceptance  by  a  majority  vote  of  the  voters  of  any  such 
town  present  and  voting  thereon  at  a  special  town  meeting,  to  be 
called  for  the  purpose  within  sixty  days  after  the  passage  of  this  act. 

Section  10.  So  much  of  this  act  as  authorizes  its  submission  to 
the  voters  of  the  said  towns  shall  take  effect  upon  its  passage,  but  it 
shall  not  take  further  effect  until  accepted  as  hereinbefore  provided 
by  the  legal  voters  of  said  towns,  and  shall  become  void  unless  work 
under  this  act  is  begun  within  one  year  from  the  acceptance  thereof 
by  said  towns.  [Approved  May  28,  1915. 


Special  Acts,  Chapter  384. 

An  Act  in  Still  Further  Addition  to  the  Acts  making  Appropriations  for 
Sundry  Miscellaneous  Expenses  authorized  during  the  Present  Year 
and  for  Certain  Other  Expenses  authorized  by  Law. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appropriated,  to 
be  paid  out  of  the  treasury  of  the  commonwealth,  from  the  ordinary 
revenue,  unless  otherwise  specified,  to  wit :  — 
«•••••••••••• 

To  be  expended  under  the  direction  of  the  board  of  harbor  and 
land  commissioners,  for  providing  for  an  investigation  of  the  matter 
of  conserving  and  equalizing  the  flow  of  waters  in  the  rivers  and 
streams  in  the  commonwealth,  as  authorized  by  chapter  one  hundred 
and  thirteen  of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
ten  thousand  dollars. 

•  •••••••••••• 

To  be  expended  under  the  direction  of  the  board  of  gas  and  elec¬ 
tric  light  commissioners  for  investigation  of  the  operation  and 
effect  of  the  London  Sliding  Scale  System  of  adjusting  the  price 
of  gas,  and  dividends,  as  applied  to  the  Boston  Consolidated  Gas 
i  Company,  subject  to  the  conditions  as  authorized  by  chapter  one 

hundred  and  forty-one  of  the  resolves  of  the  present  year,  a  sum  not 
.exceeding  five  thousand  dollars,  the  same  to  be  assessed  by  the  treas- 
f  urer  and  receiver  general  upon  the  several  gas  companies  in  the 


58 


same  manner  that  other  expenses  of  the  board  of  gas  and  electric 
light  commissioners  are  assessed. 


For  expenses  of  the  board  of  commissioners  for  the  registration 
of  persons,  firms  and  corporations  designing  to  install  wires  or 
apparatus  for  electric  light,  heat  or  power  purposes,  subject  to  the 
conditions  as  authorized  by  chapter  two  hundred  and  ninety-six  of 
the  General  Acts  of  the  present  year,  a  sum  not  exceeding  two  thou¬ 
sand  dollars. 


Section  2.  This  act  shall  take  effect  upon  its  passage.  [Ap¬ 
proved  June  5,  1915. 


59 


RESOLVES. 

Chapter  27. 

Resolve  providing  for  an  Investigation  by  the  Board  of  Gas  and  Electric 
Light  Commissioners  relative  to  Certain  Appliances  for  shutting  off 
Gas  in  Case  of  Fire. 

Resolved ,  That  the  board  of  gas  and  electric  light  commissioners 
shall  investigate  and  report  to  the  general  court,  not  later  than  the 
second  Wednesday  of  January  next,  whether  or  not  in  its  opinion 
there  are  in  the  market  practicable  safety  gas  cocks,  valves  or  other 
appliances,  by  means  of  which  the  supply  of  gas  to  a  building  can 
be  shut  off  automatically’  or  manually  outside  of  the  building  in 
case  of  fire  or  other  emergency,  the  approximate  or  probable  cost 
of  installing  and  maintaining  such  appliances,  and  the  conclusions 
of  the  board  as  to  the  feasibility  and  desirability  of  requiring  by 
general  law  the  use  of  such  appliances.  [Approved  March  25,  1915. 


Chapter  46. 

Resolve  providing  for  an  Investigation  by  the  Board  of  Gas  and  Electric 
Light  Commissioners  relative  to  the  Inspection  and  Testing  of  Gas 
Meters. 

Resolved,  That  the  board  of  gas  and  electric  light  commissioners 
is  hereby  directed  to  investigate  the  subject  matter  of  the  bill 
printed  as  House  Document  No.  11L4  of  the  present  year  in  regard 
to  the  inspection  and  testing  of  gas  meters,  and  as  to  the  necessity 
or  desirability  of  legislation  substantially  in  conformity  with  said 
bill,  or  as  to  any  other  legislation  in  regard  to  gas  meters.  The 
board  shall  report  the  result  of  its  investigation,  with  drafts  of  any 
legislation  recommended  by  it,  to  the  next  general  court,  on  or 
before  the  second  Wednesday  in  January.  [Approved  April  19, 
1915. 


Chapter  65. 

Resolve  confirming  the  Election  of  Augustus  A.  Cooke  as  a  Member  of  the 
Municipal  Light  Board  of  the  Town  of  Lunenburg. 

Resolved,  That  the  election  of  Augustus  A.  Cooke,  as  a  member 
of  the  municipal  light  board  of  the  town  of  Lunenburg,  at  the  an¬ 
nual  town  meeting  held  on  the  first  day  of  March,  nineteen  hundred 
and  fifteen,  as  declared  by  the  election  officers,  is  hereby  confirmed 


60 


and  made  valid,  in  the  same  manner  as  if  the  article  in  the  warrant 
for  the  annual  town  meeting  of  the  year  nineteen  hundred  and 
fifteen  called  for  the  election  of  a  member  of  the  municipal  light 
board  for  the  term  of  three  years.  [Approved  April  26,  1915. 


Chapter  113. 

Resolve  providing  for  an  Investigation  of  the  Matter  of  conserving  and 
equalizing  the  Flow  of  Water  in  the  Rivers  and  Streams  of  the  Com¬ 
monwealth. 

Resolved,  That  the  board  of  harbor  and  land  commissioners  is 
hereby  authorized  and  directed  to  investigate  the  matter  of  conserv¬ 
ing,  utilizing  and  equalizing  the  flow  of  water  in  the  rivers  and 
natural  streams  of  the  commonwealth,  and  may  expend  in  carrying 
out  the  purposes  of  this  resolve  during  the  years  nineteen  hundred 
and  fifteen,  nineteen  hundred  and  sixteen  and  nineteen  hundred 
and  seventeen,  a  sum  not  exceeding  twenty  thousand  dollars,  in 
addition  to  the  unexpended  balance  of  the  appropriation  made  to 
carry  on  the  investigation  authorized  by  chapter  ninety-five  of  the 
resolves  of  the  year  nineteen  hundred  and  fourteen;  but  not  more 
than  ten  thousand  dollars  shall  be  expended  in  any  one  year  except 
that  an  unexpended  balance  in  any  year  may  be  used  in  the  succeed¬ 
ing  year  for  the  same  purpose.  Nothing  herein  contained  shall  be 
construed  as  applying  to  any  river  or  natural  stream  under  the 
jurisdiction  and  control  of  any  state  board  or  commission  other 
than  the  board  of  harbor  and  land  commissioners.  Said  board  shall 
report  to  the  general  court,  in  print,  the  results  of  its  investigations 
and  its  recommendations.  [ Approved  May  20,  1915. 


Chapter  141. 

Resolve  providing  for  an  Investigation  of  the  Operation  and  Effect  of  the 
“  London  Sliding  Scale  ”  System  of  adjusting  the  Price  of  Gas  and 
the  Rate  of  Dividends  as  applied  to  the  Boston  Consolidated  Gas  Com¬ 
pany. 

Resolved,  That  the  board  of  gas  and  electric  light  commissioners 
is  hereby  directed  to  investigate  the  operation  of  the  system  of  an 
automatic  and  interdependent  adjustment  of  the  price  of  gas  to 
consumers  and  the  rate  of  dividends  to  stockholders,  known  as  the 
“  London  Sliding  Scale  ”,  as  applied  to  the  Boston  Consolidated 
Gas  Company  under  the  provisions  of  chapter  four  hundred  and 
twenty-two  of  the  acts  of  the  year  nineteen  hundred  and  six,  the 


61 


conditions  under  which  the  system  has  been  tried  and  its  effect  upon 
the  public  interest,  and  to  report  to  the  general,  court  on  or  before 
the  first  day  of  February,  nineteen  hundred  and  sixteen,  the  re¬ 
sults  of  its  investigation,  with  such  recommendations,  if  any,  as  to 
the  continuance,  terms  and  extension  of  the  system  as  the  board 
may  deem  expedient.  The  board  may  incur,  for  the  purposes  of 
this  resolve,  such  reasonable  expenses  in  excess  of  its  regular  appro¬ 
priations  as  may  be  authorized  by  the  governor  and  council.  Be¬ 
fore  incurring  any  expense  in  excess  of  its  regular  appropriations, 
the  board  shall  estimate  its  probable  amount  and  submit  the  esti¬ 
mate  to  the  governor  and  council  for  their  approval ;  and  no  expense 
shall  be  incurred  by  the  board  in  excess  of  its  regular  appropriations 
beyond  the  amount  so  estimated  and  approved.  [Approved  May 
28,  1915. 


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